Mr R Moffatt v Simply Better Solutions Ltd (In Voluntary Liquidation) and Secretary of State for Business and Trade: 1804566/2025
JUDGMENT
Upon reading the confirmation provided by the former Administrator of the First Respondent in case number 1810309/2024 and others that the essential requirements for entitlement to a protective award were met within s 188 Trade Union and Labour Relations (Consolidation) Act 1992 it is adjudged that:[1]The First Respondent proposed to dismiss as redundant more than 20 employees at the same establishment. There was no recognised trade union and no employee representatives were appointed or elected.[2]It is declared that this complaint of failure to consult in respect of proposed dismissals contrary to s 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 brought by the Claimant against his former employer is well-founded.[3]The First Respondent is ordered to pay to the Claimant remuneration for a protected period of 90 days from 30 September 2024.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply.