Mr A Green and others v Debenhams Retail Ltd (in Administration): 2205220/2020 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 Market Street, Manchester 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 14 August 2020.[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 (14 August 2020)[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: 22 December 2022 Annex Title Firstname Surname Case Number Mr Alan Green 2205220/2020 Mrs Barbara Whiteley 2205527/2020 Ms Loretta Francioli 2205192/2020 Miss Sally Halliwell 2409437/2020 Ms Zoya Baig 2409438/2020 Mr Michael Manini 2409439/2020 Miss Jessica Simpson 2409440/2020 Miss Louise Spencer-Young 2409441/2020 Miss Shannon Matthews 2409442/2020 Mr Kurt Dale 2409443/2020 Mrs Rebecca Danko 2409444/2020 Miss Catherine Tinker 2409445/2020 Ms Laura Taylor 2409446/2020 Ms Samantha Eyre 2409447/2020 Ms Katherine Woloszczuk 2409448/2020 Mr Alan Green 2409449/2020 Mr Brian Myles 2409450/2020 Ms Joanne Grundy 2409451/2020 Ms Donna Summons 2409452/2020 Mr Mat Jacob 2409453/2020 Ms Denise Hayes 2409454/2020 Ms Lily Wilkinson 2409455/2020 Ms Adrienne Juniper 2409456/2020 Mr Adam Youd 2409457/2020 Ms Georgia Taylor 2409458/2020 Ms Audrey Strewart 2409459/2020 Ms Hannah Cheetham 2409460/2020 Mr Shaun Bryan 2409461/2020 Ms Heather Gibson 2409462/2020 Mr Chris Benson 2409463/2020 Ms Rachel Hodson 2409464/2020 Ms Susan Cooper 2409465/2020 Ms Lauren Hampton 2409466/2020 Ms Kaitlyn Smallman 2409467/2020 Ms Olivia Doherty 2409468/2020 Ms Jane Hardacre 2409469/2020 Ms Deja Taylor 2409470/2020 Mr Leo Romahnola 2409471/2020 Ms June Walsh 2409472/2020 Ms Selina Upton 2409473/2020 Mrs Helen Evans 2413350/2020 Miss Lauren Bradshaw 2418018/2020 Mrs Catherine Brooksbank 3314192/2020 Mr Thomas Hewitt 3314245/2020 Mrs Lesley Jackson 3314256/2020 Miss Kiran Kaur 3314262/2020