Mrs S Fox and others v Debenhams Retail Ltd (In Administration): 2205189/2020 and others
JUDGMENT
[1]The claimants listed in the attached schedule to this Judgment (the “Claimants”) were all employed by the First Respondent at their Chester store.[2]On 9 April 2020, the First Respondent entered administration and Geoffrey Paul Rowley and Alastair Rex Massey (both of FRP Advisory, 2nd Floor, 110 Cannon Street, London, EC4N 6EU) were appointed as joint administrators (“Joint Administrators”).[3]The Claimants were dismissed by the First Respondent by reason of redundancy on or after 12 May 2021.[4]The Claimants 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 were all assigned to an establishment where 20 or more redundancies were proposed by their employer within a period of 90 days. The First Respondent did not fully inform and consult with the Claimants in accordance with the provisions of s.188 and s.188A of the Act.[6]The protected period should be 90 days from the date of the first dismissed (12 May 2021)[7]The Protective Award Payments will rank as unsecured claims in the insolvency of the First Respondent but some of the Protective Award Payments may be wholly recoverable from the Redundancy Payments Service.[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 listed Claimants only.[10]To the extent that the claim forms may have intimated any other claims they will stand dismissed automatically 14 days after the date of this order UNLESS the claimant writes in specifying any outstanding claim and providing administrator consent in respect thereof within that timeframe. Employment Judge Broughton Date: 3 January 2023 Annex Case Title First name Surname Number Mrs Sarah Fox 2205189/2020 Miss Jade Magowen 2205176/2020 Mr Scott Gull 2205223/2020 Ms Angela Griffiths 2205222/2020 Mr Andrew Cassidy 2206178/2020 Connor2206181/2020 Ms Meg-Kay Scahill Ms Lisa-Marie Dietrich 2206186/2020 Mr Kinglsey James 2206187/2020 Ms Catherine O'Kelly 2206188/2020 Ms Jessica Wiggins 2206190/2020 Ms Danielle Siddall 2206191/2020 Mr Ernest Thomas 2207579/2020 Mr David Lloyd 2207580/2020 Ms Donna Ellis 2207581/2020 Ms Debra Rielly 2207583/2020