Mr S Sintim v Laura Ashley Ltd (in administration) and others: 1805463/2020
JUDGMENT
BY CONSENT The terms of this Judgment by Consent are as follows:[1]The Claimant in the attached Schedule to this Judgment (the “Claimant”) was employed by the Third Respondent[2]Robert Nicholas Lewis and Zelf Hussain were appointed as joint administrators of the First, Second, Third and Fifth Respondents on 23 March 2020 and Rachael Maria Wilkinson was appointed as a joint administrator of those Respondents on 17 April 2020. On 3 July 2020, Anthony John Wright and Paul Allen of FRP Advisory were appointed as additional administrators of the Second and Fifth Respondents.[3]On 7 August 2020, the Claimant was dismissed by the Third Respondent by reason for redundancy.[4]The Claimant has raised a complaint pursuant to section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”) and is seeking a protective award in respect of a failure to consult in accordance with s188 and s.188A of the Act[5]The parties accept that the Claimant listed in the Schedule to this Judgment was assigned to an establishment where 20 or more redundancies were proposed by their employer within a period of 90 days. The Third Respondent did not fully inform and consult with the claimant in accordance with the provisions od s.188 and s.188A of the Act[6]The Tribunal makes a protective award in favour of the Claimant listed in the Schedule to this Judgment for a protective period of 10 days, capped at the amount payable by the Redundancy Payments Service(“RPS”) in accordance with the RPS’s own regulations and limits and subject to any deductions required by law.[7]The parties agree that for the purpose of this Consent Judgment, the protected period in relation to the Claimant begins on their respective termination date as set out in the Schedule and lasts for 10 Days.[8]There is no order requiring any party to pay or reimburse another party’s costs or fees. Each party shall bear their own costs and fees.[9]For the avoidance of doubt, this Judgment applies to the Claimant listed in the attached Schedule only and it is agreed that the claim listed in the Schedule is extinguished in its entirety by this Consent Judgment. NOTES Useful information[1]All judgments and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimants and respondents.[2]You can appeal to the Employment Appeal Tribunal if you think a legal mistake was made in an Employment Tribunal decision. There is more information here: https://www.gov.uk/appeal-employment-appeal-tribunal Employment Judge Maidment Date: 9 August 2021 Schedule – Claimant who is entitled to a protective award for a 10 day period and is included within the scope of the Consent Judgment Claimants with Termination Date of 31 July 2020 Claim Termination Name Name Numbers Date 1. 1805463/2020 Seth Sintim 7 August 2020