GMB Trade Union v H.P.A.S Ltd T/a Safestyle UK (in Administration) and Secretary of State for Business and Trade: 1800834/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant trade union’s complaint that the respondent failed to comply with a requirement of section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 as to consultation with it as a representative of employees who may be affected by proposed dismissals is well-founded.[2]The Tribunal makes a protective award that the respondent shall pay remuneration for the protected period specified in paragraph 3 below to all employees employed by the respondent at its Wombwell site who were dismissed as redundant on 30 October 2023 and in respect of which the claimant trade union was recognised in the job roles of Foremen, General/Office Cleaners, Production Operatives (including Quality Control and Waste Recycle), Logistics and Ancillary Production Operatives, Remake Shop Floor Workers and Maintenance Staff. 3, The protective award is for the period of 90 days from 30 October 2023.[4]The Recoupment Regulations apply to the award. Regional Employment Judge Robertson Date: 7 August 2024 Case No:1800834/2024 4.17 Rule 21 judgment – universal template. September 2017 EMPLOYMENT TRIBUNALS Claimant: GMB trade union Respondent: H.P.A.S Limited trading as Safestyle UK (in administration)[1]Upon application by the claimant’s representative dated 18 October 2024, the Tribunal’s judgment in this case dated 7 August 2024 is varied on reconsideration.[2]The Tribunal’s judgment as varied is attached with the amendment in bold. Regional Employment Judge Robertson Date: 22 November 2024 Case No:1800834/2024 4.17 Rule 21 judgment – universal template. September 2017 EMPLOYMENT TRIBUNALS Claimant: GMB trade union Respondent: H.P.A.S Limited trading as Safestyle UK (in administration)[1]The claimant trade union’s complaint that the respondent failed to comply with a requirement of section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 as to consultation with it as a representative of employees who may be affected by proposed dismissals is well-founded.[2]The Tribunal makes a protective award that the respondent shall pay remuneration for the protected period specified in paragraph 3 below to all employees employed by the respondent at its Wombwell site who were dismissed as redundant on or between 30 October 2023 and 18 December 2023 and in respect of which the claimant trade union was recognised in the job roles of Foremen, General/Office Cleaners, Production Operatives (including Quality Control and Waste Recycle), Logistics and Ancillary Production Operatives, Remake Shop Floor Workers and Maintenance Staff. 3, The protective award is for the period of 90 days from 30 October 2023. The Recoupment Regulations apply to the award.