Mr W Atkinson and others v Shearings Ltd: 1802964/2020 and others

EMPLOYMENT TRIBUNALS

Case No 1802964/2020, 1802971/2020, 1803799/2020, 1803844/2020

Between

Mr W Atkinson and othersClaimant

Shearings LtdRespondent

Before

Employment Judge Lancaster

In person for claimant

Not represented for respondent

Date 17 February 2021

JUDGMENT

Upon hearing oral representations from the Claimants and evidence on oath from Mr Guy:

[1]The correct title of the Respondent employer in each case is Shearings Limited (in administration), and where necessary this is amended from Specialist Leisure Group (in administration).

[2]Each Claimant was assigned to a single establishment, at Mill Lane Normanton, where more than 20 people were made redundant within a period of 90 days or less.

[3]The Respondent failed to appoint or to consult with any appropriate representatives.

[4]Each Claimant was dismissed as redundant. Cases: 1802964/2020, 1802971/2020, 1803799/2020 & 1803844/2020 (V)

[5]The complaints that the Respondent has failed to comply with the requirements of sections 188 and/or 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 are well founded.

[6]The Claimants are therefore entitled to a protective award and the Respondent is ordered to pay to each of them remuneration for a period of 90 days beginning on 2nd May 2020.

[7]The Employment Protection (Recoupment of Benefit) Regulations 1996 regulations 6 7 and 8 apply to this award.

[8]The Respondent is accordingly advised of its duties under the Regulations and any award made will be postponed pending any service of a recoupment notice by the Secretary of State in respect of relevant benefits received by the Claimant in the prescribed period and only the balance of any remuneration due will then be payable directly to the Claimant.