Mr B Austin and others v S&P Realisations 2023 Ltd (In Administration): 1805506/2023 and others

EMPLOYMENT TRIBUNALS

Case No 1805506/2023

Between

Mr B Austin and othersClaimant

S&P Realisations 2023 Ltd (In Administration)Respondent

Before

Employment Judge Heap

Written representations for claimant

Written representations for respondent

Date 5 July 2024

JUDGMENT

BY CONSENT UPON reading the joint application submitted by the Claimants on behalf of all the parties AND UPON the parties having agreed to the terms of the Judgment set out below by consent The Judgment of the Employment Tribunal made under Rule 64 of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 is that:

[1]Protective Award1.1 In relation to the Claimants listed in Schedule 1 attached to this Judgment the Respondent failed to adequately comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 and the claim for a protective award brought under section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992 succeeds.

1.2 The redundancies were made immediately at one single establishment following the appointment of Joint Administrators due to the financial position of the Company. Prior to the Administrators appointment employees had been kept fully informed about the Company’s precarious financial position, but this would not constitute formal redundancy consultation.

1.3 The Respondent is ordered to pay remuneration for a protected period of 90 days beginning on 3 July 2023 (being the date on which the first of the dismissals to which the complaint relates took effect) to the Claimants listed in Schedule 1 attached to this Judgment.

[2]Preferential debts 2.1 Subject to the normal categories of preferential debts set out in Schedule 6 of the Insolvency Act 1986, any payments made by the Respondent (rather than the Secretary of State) pursuant to this Judgment will be paid as an unsecured dividend.

[3]Costs 3.1 There shall be no order as to costs and each party shall bear their own costs in these proceedings.