Mr S Grady and Mr D Mather v Bonds Heavy Castings Ltd (in administration) and Secretary of State for Business Energy and Industrial Strategy: 1804376/2020 and 1804914/2020
JUDGMENT
[1]I find that the complaint in which the claimant seeks a protective award is well founded in circumstances where the duty to consult under the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 section 188 was breached.[2]Accordingly I make a protective award in respect of the claimant who was dismissed as redundant.[3]The award is for a protected period of 90 days beginning on 27 December 2019.[4]The recoupment regulations do not apply. Mr Mather’s complaint[1]Whilst Mr Mather’s claim was presented out of time I find that it was not reasonably practicable for the claim to be presented in time in circumstances where this claimant had hoped to join the multiple claim Case No: 1804376/2020(V) 1804914/2020(V) brought by a union but, through a failure of communication was not able to do so. Further taking into account the extension to which the claimant is entitled to during ACAS conciliation, I find that the actual date of presentation, 21 August 2020, is a reasonable date for presentation. The complaint is well founded.[3]The claimant having been dismissed as redundant is entitled to a protective award for the period of 90 days beginning on 27 December 2019. The recoupment regulations do not apply.