Mr K Osawuru and others v GE Realisations 2003 Ltd (in Creditors Voluntary Liquidation) and others: 2215156/2023 and others
EMPLOYMENT TRIBUNALS
Case No 2215156/2023
Between
Mr K Osawuru and others as set out in the ScheduleClaimant1. GE Realisations 2003 Limited (in creditors voluntary liquidation) 2. G2 Energy Limited (in creditors voluntary liquidation) 3. Secretary of State for business Energy and Industrial StrategyRespondentDate 6 February 2024
JUDGMENT
BY CONSENT Pursuant to Rule 64 of the Employment Tribunals Rules of Procedure 2013[1]The Joint Liquidators, acting as agents of the First Respondent and strictly subject to paragraphs 8 and 9 below, do not object to the Claims presented by the Claimants proceeding against the First Respondent.[2]The Claimants were all employed by the First Respondent as at 3 July 2023.[3]On 3 July 2023, the First Respondent entered creditors’ voluntary liquidation and the Joint Liquidators were appointed to the First Respondent on the same date.[4]On 3 July 2023, the Claimants were dismissed by the First Respondent by reason of redundancy.[5]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 the First Respondent’s failure to consult in accordance with section 188 and section 188A of the Act.[6]The First Respondent accepts that the Claimants were all assigned to an establishment where 20 or more redundancies were proposed by their employer, the First Respondent, within a period of 90 days. However, the First Respondent did not fully inform and consult with the Claimants in accordance with the provisions of section 188 and section 188A of the Act. Case No: 2215156/2023[7]The Tribunal makes a protective award in favour of each of the Claimants for a protected period of 56 days, capped at the amount payable by the Redundancy Payments Service (“RPS”) via the Second Respondent in accordance with the RPS’s own regulations and limits and subject to any deductions for National Insurance contributions and income tax at the appropriate rate(s) as required by law (the “Protective Award Payments”).[8]The Protective Award Payments rank as preferential debts in the liquidation of the First Respondent pursuant to paragraph 13(2)(d) of Schedule 6 to the Insolvency Act 1986 and shall not be an expense of the liquidation estate or be payable personally by the Joint Liquidators or either of them. However, the parties acknowledge and accept that the Protective Award Payments shall be paid in full by the RPS via the Second Respondent and the RPS shall be subrogated to the Claims of the Claimants.[9]The Joint Liquidators act as agents for the First Respondent and neither they nor their representatives or employees shall incur any personal liability in any circumstances whatsoever by virtue of the Claims, the Protective Award Payments or this Judgment, nor in relation to any related matter or claim.[10]The parties agree that for the purposes of this Judgment, the protected period in relation to each of the Claimants begins on their respective termination date as set out in the Schedule and lasts for 56 days.[11]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.[12]For the avoidance of doubt, this Judgment applies to the Claimants only and it is agreed by the Claimants that the Claims are extinguished in their entirety by this Judgment. Employment Judge Spencer 6 February 2024 Date of Judgment ____14 February 2024________ Date sent to parties For The Tribunal Office Case No: 2215156/2023 SCHEDULE – Claimants who are entitled to a protective award for a 56 day period and are included within the scope of the Judgment No. FIRST NAME LAST NAME REDUNDANCY DATE Kelly Osawaru 03/07/2023 Peta-gay Rigmaiden 03/07/2023 Wesley Reynolds 03/07/2023 Louise Chaffey 03/07/2023 Guy Williams 03/07/2023 Semeji Fawehinmi 03/07/2023 Marie Wright 03/07/2023 Eve-Marie Chadwick 03/07/2023 Shaibu Ojonugwa Micheal 03/07/2023 Piotr Jurkiewicz 03/07/2023 Sebastian Orbe Davis 03/07/2023 Sean Pinney 03/07/2023[13]Patrick Mynett 03/07/2023[14]Heather Salter 03/07/2023[15]Steven Sadler 03/07/2023[16]Kiran Singh 03/07/2023[17]Joanna Rysz 03/07/2023[18]Alice Noakes 03/07/2023[19]Jack Hoogstraten 03/07/2023[20]David Ireson 03/07/2023[21]Deon Muchiza 03/07/2023[22]Leila Brookes 03/07/2023[23]Sophie Preece 03/07/2023[24]Mark Crowell 03/07/2023[25]Stacey Fisher 03/07/2023[26]Sian Fisher 03/07/2023 Case No: 2215156/2023[27]Nigel Higgon 03/07/2023[28]Nicholas Alner 03/07/2023[29]Carl Howard 03/07/2023[30]Richard Furniss 03/07/2023[31]Curt James 03/07/2023[32]Amana Walden 03/07/2023[33]Robbie McCrone 03/07/2023[34]Haseeb Abdullah 03/07/2023[35]Gary Tabner 03/07/2023[36]Philip Sykes 03/07/2023[37]Sameh Dawoud 03/07/2023[38]Martin Asare 03/07/2023[39]Graeme Hannah 03/07/2023[40]Shaquille Hercules 03/07/2023[41]Stephanie Cox 03/07/2023[42]Gary Hopkins 03/07/2023 Case No:2215156/2023 EMPLOYMENT TRIBUNALS Claimants Mr K Osawuru and others as set out in the schedule to the Judgment. Respondents: 1. G E Realisations 2023 Limited (in creditors voluntary liquidation) formerly known as G2 Energy Limited (in creditors voluntary liquidation) 2. Secretary of State for Business Energy and Industrial Strategy CERTIFICATE OF CORRECTION Under the provisions of Rule 69 of the Employment Tribunals Rules of Procedure 2013, I hereby correct the clerical mistakes in the Consent Judgment dated 6 February 2024 and sent to the parties on 14th February 2024 by deleting the said Consent Judgment and substituting the Consent Judgment attached. The corrections are that:(i) The name of the First Respondent has changed as set out above.(ii) The Second Respondent has been deleted to reflect the fact that it is the same entity as the First Respondent following a name change.(iii) The Third Respondent has become the Second Respondent(iv) Paragraph 7 is amended by inserting the words starting on 3rd July 2023 in the second line. Signed__________________________ Employment Judge F Spencer Dated 28 February 20248 March 2024 Sent to the Parties on For the Tribunal Office Important note to parties Any dates for the filing of appeals or reviews are not changed by this certificate of correction and amended Judgments. These time limits still run from the date of the original judgments and/or reasons sent to the parties. Case No: 2215156/2023 EMPLOYMENT TRIBUNALS Claimants: Mr K Osawuru and others as set out in the Schedule Respondents: 1. G E Realisations 2023 Limited (in creditors voluntary liquidation) formerly known as G2 Energy Limited (in creditors voluntary liquidation) 2. Secretary of State for Business Energy and Industrial Strategy[1]The Joint Liquidators, acting as agents of the First Respondent and strictly subject to paragraphs 8 and 9 below, do not object to the Claims presented by the Claimants proceeding against the First Respondent.[2]The Claimants were all employed by the First Respondent as at 3 July 2023.[3]On 3 July 2023, the First Respondent entered creditors’ voluntary liquidation and the Joint Liquidators were appointed to the First Respondent on the same date.[4]On 3 July 2023, the Claimants were dismissed by the First Respondent by reason of redundancy.[5]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 the First Respondent’s failure to consult in accordance with section 188 and section 188A of the Act.[6]The First Respondent accepts that the Claimants were all assigned to an establishment where 20 or more redundancies were proposed by their employer, the First Respondent, within a period of 90 days. However, the Case No: 2215156/2023 First Respondent did not fully inform and consult with the Claimants in accordance with the provisions of section 188 and section 188A of the Act.[7]The Tribunal makes a protective award in favour of each of the Claimants for a protected period of 56 days starting on 3rd July 2023, capped at the amount payable by the Redundancy Payments Service (“RPS”) via the Second Respondent in accordance with the RPS’s own regulations and limits and subject to any deductions for National Insurance contributions and income tax at the appropriate rate(s) as required by law (the “Protective Award Payments”).[8]The Protective Award Payments rank as preferential debts in the liquidation of the First Respondent pursuant to paragraph 13(2)(d) of Schedule 6 to the Insolvency Act 1986 and shall not be an expense of the liquidation estate or be payable personally by the Joint Liquidators or either of them. However, the parties acknowledge and accept that the Protective Award Payments shall be paid in full by the RPS via the Second Respondent and the RPS shall be subrogated to the Claims of the Claimants.[9]The Joint Liquidators act as agents for the First Respondent and neither they nor their representatives or employees shall incur any personal liability in any circumstances whatsoever by virtue of the Claims, the Protective Award Payments or this Judgment, nor in relation to any related matter or claim.[10]The parties agree that for the purposes of this Judgment, the protected period in relation to each of the Claimants begins on their respective termination date as set out in the Schedule and lasts for 56 days.[11]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.[12]For the avoidance of doubt, this Judgment applies to the Claimants only and it is agreed by the Claimants that the Claims are extinguished in their entirety by this Judgment.