Mr F Founcher and others v Laura Ashley Ltd (In Administration) and others: 1805470/2020 and others
[1]The claimants in the attached Schedule to this Judgment (the “Claimants”) were all 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 14 August 2020, the Claimants were dismissed by the Third Respondent by reason of redundancy.[4]The Claimants have raised a complaint pursuant to section 189 of The Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”) and are seeking a protective award in respect of failure to consult in accordance with s.188 and s.188A of the Act.[5]The parties accept that the Claimants listed in the Schedule to this Judgment were all 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 these Claimants in accordance with the provisions of s.188 and s.188A of the Act.[6]The Tribunal makes a protective award in favour of the Claimants listed in the Schedule to this Judgment for a protected period of 35 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 purposes of this Consent Judgment, the protected period in relation to each of the Claimants begins on their respective termination dates as set out in the Schedule and lasts for 35 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 Consent Judgment applies to the Claimants listed in the attached Schedule only and it is agreed that the claims listed in the Schedule are extinguished in their entirety by this Consent Judgment.[10]The Recoupment Regulations apply to this Judgment. For the avoidance of doubt, any recoupment notice does not apply to the Secretary of State for Business, Energy and Industrial Strategy. 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 Deeley 13 July 2021[11]Schedule - Claimants who are entitled to a protective award for a 35 day period and are included within the scope of the Consent Judgment Claimants with Termination Date of 14 August 2020 Claim Numbers Name Name Termination Date 1805470/2020 Francis Founcher 14 August 2020 1805472/2020 Gerard Dawson 14 August 2020 1805476/2020 Nichola Carver 14 August 2020