Ms J Rasell and Others v AL Realisation Ltd (in Administration) and PriceWaterhouseCoopers LLP: 2205619/2020 and Others
[1]The claimants in the attached Schedule to this Judgment (the “Claimants”) was all employed by AL Realisations Limited (in administration) formerly Laura Ashley Limited (“Respondent 1”.)[2]Robert Nicholas Lewis and Zelf Hussain were appointed as joint administrators of the Respondent 1 on 23 March 2020 and Rachael Maria Wilkinson was appointed as a joint administrator of those Respondent 1 on 17 April 2020. On 3 July 2020, Anthony John Wright and Paul Allen of FRP Advisory were appointed as additional administrators of Respondent 1.[3]On 16 June 2020 ,the Claimants were dismissed by Respondent 1 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 parties agree that the Claimants listed in the Schedule to this Judgment were assigned to an establishment where 20 or more redundancies were proposed by their employer within a period of 90 days. Respondent 1 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 against Respondent 1 in favour of the Claimants listed in the Schedule to this Judgment for a protected period of 30 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 ( for example, tax deductions, offsetting the protective award sum to reflect any benefits paid to the claimants etc.). .[7]The parties agree that for the purposes of this Consent Judgment, the protected period in relation to each of the Claimant begins on 16 June 2020 and lasts for 30 days.[8]The parties agree that the above amounts are payable by the RPS (in accordance with its own regulations and limits and may be reduced in accordance with relevant legislation as above)[9]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.[10]For the avoidance of doubt, this Consent 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.[11]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 Date: 4 October 2021 Schedule – Claimants who are entitled to a protective award for a 30-day period and are included within the scope of the Consent Judgment Claim Numbers Name Name Termination Date 2205619/2020 Jane Rasell 16/6/2020 2205620/2020 Elizabeth Hearson 16/6/2020 2205621/2020 Sarah Blythe 16/6/2020 2205622/2020 Katie Gamblin 16/6/2020 22056223/2020 Emilie Lynch Williams 16/6/2020 2205624/2020 Molly Rance 16/6/2020 2205625/2020 Natasha Upton 16/6/2020 2205626/2020 Camille Oxberry 16/6/2020 2205627/2020 Amber Hughes 16/6/2020 2205628/2020 Jessica Helm 16/6/2020 2205629/2020 Dawn Twigg 16/6/2020 220561302020 Ross Drummond 16/6/2020 2205631/2020 Gabriella Fairs 16/6/2020 2205632/2020 Rachel Eaton 16/6/2020 2205633/2020 Emma Wilkinson 16/6/2020 2205635/2020 Helen Cumper 16/6/2020 2205636/2020 Holly Ambrose 16/6/2020 2205637/2020 Annette Beale 16/6/2020