Mr R Hall v Sash UK Ltd (In Administration): 1803137/2021

EMPLOYMENT TRIBUNALS

Case No 1803137/2021

Between

Mr R HallClaimant

Sash UK Ltd (In Administration)Respondent

Before

Employment Judge K Armstrong

Not represented for respondent

Date 29 March 2022

JUDGMENT

The respondent having failed to present a response to the claims in accordance with rule 16; And the Administrator of the respondent having given consent to the claims proceeding in its email to the claimant dated 9 January 2022; And having considered the claimant’s ET1 and oral evidence:

[1]The Tribunal being satisfied that it was not reasonably practicable for the claimant to bring the claim during the period of three months from the last of the dismissals to which the complaint relates, and that the claim was brought within a reasonable further period, the Tribunal has jurisdiction to hear the claim.

[2]The respondent failed to comply with the requirements of section188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.

[3]It is declared that the claim for a protective award is well-founded.

[4]A protective award is made in respect of the claimant who was employed by the respondent at their premises at Ferrymoor Way, Grimethorpe, South Yorkshire S72 7BN and who was dismissed as redundant on 12 June 2020. 10.2 Judgment - rule 61 February Case No: 1803137/2021

[5]The protected period begins on 12 June 2020 and is for a period of 90 days, it being just and equitable to make the maximum award because of the complete failure to comply with the statutory requirements for collective consultation.

[6]The recoupment provisions do not apply, as the claimant did not claim any benefits during the protected period.