Mr J Stone and Others v The Secretary of State for Business, Energy and Industrial Strategy: 2207397/2017 and Others
JUDGMENT
(1) Princess Victoria (Shepherd’s Bush) Limited (t/a The Princess Victoria) 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”) and, therefore, the Claimants’ complaints under Section 189 of TULRCA are well-founded.(2) The Respondent shall pay each Claimant listed below a protective award equivalent to 90 days’ pay, with a commencement date of 29 June 2017.REASONS
[1]I am satisfied that the complaints are made out. - 1 -[2]The Tribunal has taken the following into account when deciding this case: 2.1. Witness statement of Laura Kirby signed and dated 18 March 2018; 2.2. Witness statement of Jason Griffiths signed and dated 18 March 2018; 2.3. An email from Jason Griffiths dated 17 April 2018 his solicitor confirming a list of the staff members at the The Princess Victoria pub, numbering 21 in total; 2.4. The Companies House website which shows that the Lady Ottoline Ltd (t/a The Lady Ottoline), commenced winding up on 1 February 2018 and was dissolved on 14 July 2024.[3]Based on the above and having heard representations from Counsel for the Claimants I am satisfied that there were 21 employees at this establishment, which was a single establishment, namely The Princess Victoria (a public house) trading at 217 Uxbridge Road, Shepherd’s Bush, London W12 9DH including the Claimants named below.[4]Each of these employees was dismissed for redundancy on 29 June 2017, without any arrangements for the election of employee representatives nor any consultation. None of the information required by section 188(4) TULRCA was provided.[5]Given the total absence of any consultation and having had regard to the principles set out by the Court of Appeal in the case of Susie Radin v GMB [1994] ICR 893, I find that there are no mitigating circumstances and in the circumstances the appropriate award for all Claimants is 90 days’ pay which is the maximum amount under section 189(4) TULRCA.[6]The Schedule attached contains the names of the relevant Claimants. Employment Judge Date 5 November 2024 13 November 2024 ..................................................................................... ...................................................................................... - 2 - SCHEDULE OF CLAIMANTS’ NAMES 2207397/2017 Mr Jamie Stone 2207398/2017 Mr Jason Griffiths 2207399/2017 Ms Laura Kirby 2207400/2017 Mr Adam Smith 2207401/2017 Ms Taylor Dougan - 3 -