Ms G Jones v STA Travel Ltd (in Voluntary Liquidation) and Secretary of State for Business, Enterprise, and Industrial Strategy: 2205915/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013—Rule 21 No response has been received from STA Travel Ltd which is in voluntary liquidation. The Secretary of State for BEIS has presented a Response stating that it neither resists nor supports the claim. On the information before the judge the Judgment of the Tribunal is that:[1]The Claimant worked at head office which is an establishment which employed more than 20 employees.[2]The First Respondent failed to consult with the Claimant as required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”) .[3]The Tribunal makes a protective award of 90 days pay to the Claimant under section 189(3) of the Act.[4]The Tribunal orders the First Respondent to pay the Claimant her remuneration for the protected period of 90 days beginning on 2 September 2020.[5]The Recoupment of Jobseekers Allowance and Income Support Regulations 1996 may apply to this award.[6]The hearing on 3 March 2022 is cancelled.REASONS
[1]The Claimant was employed by STA Travel Ltd at its head office in Wrights Lane.[2]Her claim was presented in September 2020 but rejected. Her application dated 12 October 2020 for a reconsideration of that rejection was overlooked by the Employment Tribunal. Her claim was subsequently accepted on 23rd November 2021 and served It was treated as having been received on 12 October 2020, the date of her application for reconsideration.[3]By a judgment promulgated on 23 November 2021 a protective award was made in respect of a number of the Claimant’s colleagues whose claims were presented in time and who worked at head office in Wrights Lane, which is where the Claimant worked. Those employees had not been consulted as required and worked at an establishment with more than 20 employees. The Claimant was not included in that judgment as her claim had not been accepted or served on the Respondents at the time of the hearing.[4]On consideration of the file it is possible to issue judgment against the Respondent under rule 21 of the Employment Tribunal Rules of Procedure 2013 in respect of Ms Jones claim for a protective award without a hearing.[5]The Respondents are advised of the provisions of Regulation 5 of the Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996 (the Regulations).[6]The First Respondent will not be required to make any payment under the protective awards made until it has received a recoupment notice from the Secretary of State or notification that the Secretary of State does not intend to serve a recoupment notice having regard to the provisions of Regulation 7(2). The Secretary of State must normally serve such recoupment notice or notification on the employer within 21 days of receipt of the required.[7]More information is contained in the annex to this judgment.