C Archer and Others and P Allway and Others v Twenty 1 Construction Ltd (In Administration): 2203929/2022 and Others and 2203969/2022 and Others C Archer and Others and P Allway and Others v Twenty 1 Construction Ltd (In Administration): 2203929/2022 and Others and 2203969/2022 and Others

EMPLOYMENT TRIBUNALS
Case No 2203929/2022, 2203969/2022
C Archer and Others and P Allway and OthersClaimantTwenty 1 Construction Ltd (In Administration)Respondent
Employment Judge AdkinProf A Bogg (instructed by Counsel) for claimantDate 1 March 2024

JUDGMENT

(1) Twenty 1 Construction Limited (the Respondent) failed to comply with any of the requirements of section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).(2) The Respondent shall pay each Claimant listed below 90 days’ pay, with a commencement date of 21 March 2022.

REASONS

[1]For reasons given orally I am satisfied that the complaints are made out.[2]Having considered correspondence from the administrators dated 7 July 2022 in which they consented to the present claims and an undated letter from Craig - 1 - Johnson, RPS Tribunal Officer which was sent in response to the Employment Tribunal’s letters of 17 August 2022 and 8 September 2022 and representations from Counsel for the Claimants I am satisfied that the appropriate award for all Claimants is 90 days’ pay which is the maximum amount under section 189(4) TULRCA.[3]The Schedule attached contains the names of the relevant Claimants.[4]Separate orders are being made in relation to Ms Jacinda Heazelwood and Ms Yuly Jordan.