J Spooner and others v Laura Ashley Ltd (in administration) and others: 1806207/2020 and others
JUDGMENT
BY CONSENT The terms of this Judgment by Consent are as follows:[1]The claimants in the attached Schedule to this Judgment (the “Claimants”) were employed by the First and Second Respondents. The First Respondent (Laura Ashley Limited (in Administration)), changed its name to the Second Respondent (AL Realisations Limited (in Administration)) on 22 April 2020, by way of special resolution. Both names relate to the same entity.[2]Robert Nicholas Lewis and Zelf Hussain were appointed as joint administrators of the First, Second, Third and Fourth 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 Fourth Respondents.[3]Between 31 July and 15 October 2020, the Claimants were dismissed by the First and Second Respondents 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 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 First and Second Respondents 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 Judgment, the protected period in relation to each of the claimants begins on their individual termination date as set out in the Schedule (being the date on which each claimant was dismissed by reason of redundancy) and lasts for a protected period of 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 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 20 July 2021 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 31 July 2020 1. 1806207/2020 Jermaine Spooner 31/07/2020 2. 1806209/2020 Daniel Aftowicz 31/07/2020 3. 1806210/2020 David Kosek 31/07/2020 4. 1806211/2020 Neil Trainer 31/07/2020 5. 1806212/2020 Zak Thorpe 31/07/2020 6. 1806213/2020 Philip Rees 31/07/2020 7. 1806214/2020 Andrew Hughes 31/07/2020 8. 1806215/2020 Geraint Jones 31/07/2020 Claimants with Termination Date of 7 August 2020 1. 1806216/2020 Menna Bowen 07/08/2020 Claimants with Termination Date of 21 August 2020 1. 1806217/2020 George Fitzgerald 21/08/2020 Claimants with Termination Date of 28 August 2020 1. 1806218/2020 Teresa Brandon 28/08/2020 2. 1806219/2020 Robert Evans 28/08/2020 Claimants with Termination Date of 4 September 2020 1. 1806220/2020 Darryl Fernandes 04/09/2020 Claimants with Termination Date of 17 September 2020 1. 1806221/2020 Sally Thomas 17/09/2020 Claimants with Termination Date of 30 September 2020 1. 1806222/2020 Carol Fletcher 30/09/2020 2. 1806223/2020 Caroline Green 30/09/2020 3. 1806224/2020 Helen Green 30/09/2020 4. 1806225/2020 Helen Richards 30/09/2020 5. 1806226/2020 Rachel Burton 30/09/2020 Claimants with Termination Date of 2 October 2020 1. 1806228/2020 Lee Evans 02/10/2020 Claimants with Termination Date of 7 October 2020 1. 1806242/2020 Pamela Lewis 07/10/2020 Claimants with Termination Date of 9 October 2020 1. 1806229/2020 Ashley Wood 09/10/2020 Thomas 2. 1806230/2020 Price Charles 09/10/2020 3. 1806231/2020 Timothy Parker 09/10/2020 Florence 4. 1806232/2020 Lloyd Sheila 09/10/2020 5. 1806233/2020 David Bennett 09/10/2020 6. 1806234/2020 Simon Owen 09/10/2020 7. 1806236/2020 Alison Jane Parry 09/10/2020 8. 1806237/2020 David Williams 09/10/2020 Barbara 9. 1806239/2020 Pierce Jean 09/10/2020 10. 1806240/2020 Gillian Jones 09/10/2020 11. 1806241/2020 Teresa Davies 09/10/2020 12. 1806243/2020 Amanda Pryce 09/10/2020 13. 1806244/2020 Lynne Price 09/10/2020 14. 1806245/2020 Jill Sillitoe 09/10/2020 Claimants with Termination Date of 15 October 2020 1. 1806238/2020 Colin Rice 15/10/2020