Mr P Childs and others v Pure Business Group Ltd (In Administration) and others: 2300486/2022 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The Judgment of the Tribunal is that the claimants’ complaint under section 180 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the first respondent to comply with the requirements of section 188 of the Act is well founded. The Tribunal orders the first respondent, by way of a protective award, to pay the claimant and the other claimants listed on the attached schedule who were dismissed for redundancy on 2 November 2021, remuneration for the period of 90 days beginning 2 November 2021.[2]The Recoupment Regulations apply. Employment Judge Ross Date: 25 October 2022[3]Secretary of State for Business Energy and Industrial Strategy Amendment of Claim and Judgment on Reconsideration[1]The application from the claimants’ representative dated 12 September 2022 and 2 November 2022 to add a respondent to this claim succeeds and the respondent PLL 1 Realisations Limited (In Administration) is added as the second respondent.[2]The claimants’ applications are also treated as an application for reconsideration of the Judgment dated 25 October 2022 and sent to the parties on 31 October 2022.The application for reconsideration succeeds because it is in the interests of justice for the Judgment to reflect the correct identity of the respondent who employed each claimant.[3]Therefore the Judgement of the Tribunal is that the claimants’ complaint under section 180 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the first respondent to comply with the requirements of section 188 of the Act as well founded. The tribunal orders the first respondent by way of a protective award to pay the claimant and all other the other claimants (except claimant Artiom Makarevic claim number 2300490/22) listed on the attached schedule who were dismissed for redundancy on or after second of November 2021, remuneration for the period of 90 days beginning on the date each claimant was made redundant.[4]In relation to Artiom Makarevic, claim number 2300490/22, the Judgement of the Tribunal is that his complaint under section 180 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the second respondent PLL 1 Realisations Limited (In Administration), formerly Pure Legal Limited, to comply with the requirements of section 188 of the Act is well founded. The tribunal orders the second respondent by way of a protective award to pay the claimant Artiom Makarevic who was dismissed for redundancy on or after second of November 2021, remuneration for the period of 90 days beginning on the date he was made redundant.[5]The Recoupment Regulations apply. Employment Judge Ross Date: 11 January 2023[1]The judgment was originally sent to the parties on 31 October 2022. It was subject to a judgment on reconsideration and amendment of claim which was sent to the parties on 11 January 2023.[2]There has been a further application from the claimants’ representative in relation to claimant Jane Walsh 2300491/2022 and claimant Paul Childs 2300486/22.[3]As a result of those successful applications for reconsideration dated 24 January 2023, Pure Claims Support Services is added as a fourth respondent.[4]The judgment is corrected so that the judgment of the Tribunal is that for the claimant Jane Walsh 2300491/22, her complaint under Section 180 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the fourth respondent to comply with the requirements of Section 188 of the Act is well founded. The Tribunal orders the fourth respondent by way of a protective award to pay the claimant Jane Walsh 2300491/22 who was dismissed for redundancy on or after 2 November 2021 remuneration for the period of 90 days beginning on the date she was made redundant.[5]In relation to Paul Childs claimant 2300486/22 the judgment is corrected so that the claimant’s complaint under Section 180 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the second respondent to comply with the requirements of Section 188 of the Act is well Case Nos. 2300486/2022 and others (See attached Schedule) 2 founded. The Tribunal orders the second respondent to pay the claimant, by way of protective award, who was dismissed for redundancy on or after 2 November 2021 remuneration for the period of 90 days beginning on the date when he was made redundant.[6]The Tribunal’s judgment remains unchanged that the judgment of the Tribunal is that all other claimants’ complaints under Section 180 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the first respondent to comply with the requirements of Section 188 of the Act is well founded. The Tribunal orders the first respondent by way of a protective award to pay the claimant and all the other claimants (except Jane Walsh 2300491/22 and Paul Childs 2300486/22 and Artiom Makarevic claim number 2300490/22) listed on the attached schedule who were dismissed for redundancy on or after 2 November 2022 remuneration for the period of 90 days beginning on the date each claimant was made redundant.[7]In relation to Artiom Makarevic claim number 2300490/22 the judgment of the Tribunal is that his claim under Section 180 of the Trade Union and Labour Relations (Consolidation) Act of a failure by the second respondent PLL 1 Realisations Limited (in administration) formerly Pure Legal Limited to comply with the requirements of Section 188 of the act is well founded. The Tribunal orders the second respondent by way of protective award to pay Artiom Makarevic who was dismissed for redundancy on or after 2 November 2021 remuneration for the period of 90 days beginning on the date he was made redundant.[8]The Recoupment Regulations apply.