K Martindale and Others v Paramount Timber Frame Ltd (in liquidation) and Secretary of State for Business and Trade: 2300126/2023 and Others

EMPLOYMENT TRIBUNALS

Case No 2300126/2023

Between

K Martindale and OthersClaimant

Not attendingRespondent

Before

Employment Judge Liz Ord

Not attending for respondent

Date 22 November 2024

JUDGMENT

[1]The Respondent failed to adequately comply with the requirement of section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) and the Claimants’ claims for a protective award brought under section 189 of TULR(C)A succeed.

[2]The Respondent is ordered to pay remuneration to the Claimants named in attached Annex 1 for a protected period of 90 days beginning on 18 October 2022 (being the date on which the dismissals to which the complaints relate took effect).

[3]Subject to the normal categories of preferential debts set out in Schedule 6 of the Insolvency Act 1986, any payments made by the first respondent (rather than the Secretary of State) pursuant to this judgment will be paid as an unsecured dividend.

[4]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to this award.

REASONS

[1]The claimant, along with between 25 – 30 other employees from one establishment of the first respondent, including all those identified in Annex 1 to this judgment, were dismissed by way of redundancy on 18 October 2022.

[2]There was no consultation at all. There was no trade union and no elected employee representative.

[3]The first respondent ceased trading and went into liquidation on 9 November 2022.

[4]Protective awards are designed to be punitive rather than compensatory. Consequently, in these circumstances the tribunal awards the maximum compensation of 90 days’ gross pay.