Mrs C Humphreys and others v The Beer Piper Company Ltd (in liquidation): 2300651/2018 and others
JUDGMENT
No response having been presented to the Tribunal by the Respondent it is the judgment of the Tribunal under rule 21 of the Employment Tribunals Rules of Procedure 2013 as follows:[1]The Tribunal declares that the complaint made by the Claimants under section 189 of Trade Union & Labour Relations (Consolidation) Act 1992 is well-founded;[2]The Tribunal makes a protective award in respect of the Claimants for the period of 90 days from 8 January 2018 and orders the Respondent to pay remuneration to the Claimants for that period;[3]The Tribunal finds that the Respondent was in breach of contract in not giving notice to the Claimants of the termination of their employment and orders the Respondent to pay damages to the Claimants in accordance with the schedule below;[4]The Tribunal finds that each of the Claimants other than Mrs Humphreys and Miss Head were unfairly dismissed and orders the Respondent to pay a basic award and a compensatory award in accordance with the schedule below. Case No: 2300651/2018 and others (see schedule) 2 Case number Claimant Basic award Compensatory award (where applicable) Notice pay 2300651 2018 Humphreys C Mrs N/A N/A £327.75 2300652 2018 Randall A Miss £14,181.00 £6,255.80 2300653 2018 Arkell A Mr £4,230.00 £3,507.69 2300654 2018 Morgans A Mr £8,068.50 £4,590.44 2300655 2018 Elmer L Mr £4,890.00 £6,880.75 2300656 2018 Boucher C Mr £8,802.00 £8,956.30 2300657 2018 Richardson K Mrs £2,978.10 £2,978.10 2300658 2018 Peck M Mrs £4,500.24 £4,500.24 2300659 2018 Thomas B Mr £2,132.33 £1,352.31 2300660 2018 Cunningham J Mr £13,692.00 £5,289.37 2300661 2018 Lucas R Mr £5,438.64 £3,618.19 2300662 2018 Peters A Mr £5,322.12 £2,962.89 2300663 2018 Prowting A Mr £3,979.35 £3,188.08 2300664 2018 Smith T Mr £1,181.22 £1,181.22 2300665 2018 Legg C Miss £3,143.55 £3,143.55 2300666 2018 Glaister R Mrs £1,116.72 £1,168.12 2300667 2018 Tottey K Mr £9,450.00 £4,270.00 2300668 2018 Barrett I Mr £3,393.63 £1,871.46 2300669 2018 Henderson D Mr £5,750.03 £4,324.62 2300670 2018 Head G Miss N/A N/A £1,499.40 2300671 2018 Newton S Mrs £1,833.30 £1,023.26 2300672 2018 Johnson M Mrs £7,564.56 £3,245.93 Employment Judge Baron 18 January 2019 Case No: 2300651/2018 and others (see schedule) 3 Notes:[1]Employees have to have been employed for two years to become entitled to the right not to be unfairly dismissed.[2]The basic award for unfair dismissal is an arithmetical calculation.[3]The compensatory award has been assessed on the length of time which a fair redundancy consultation should have taken, plus £200 to reflect the loss of the right not to be unfairly dismissed. In the circumstances I assess that length of time as one month.[4]There cannot be double recovery of both notice pay and a compensatory award for unfair dismissal. Where an employee had the right not to be unfairly dismissed then I am awarding the greater of net pay for the statutory notice period and the compensatory award. Where an employee had not acquired the right not to be unfairly dismissed then the award is made in respect of the statutory notice period only.[5]Notice pay has been calculated on a net basis. Claims against The Beer Piper Company Limited (in liquidation) 2300651 2018 Humphreys C Mrs 2300652 2018 Randall A Miss 2300653 2018 Arkell A Mr 2300654 2018 Morgans A Mr 2300655 2018 Elmer L Mr 2300656 2018 Boucher C Mr 2300657 2018 Richardson K Mrs 2300658 2018 Peck M Mrs 2300659 2018 Thomas B Mr 2300660 2018 Cunningham J Mr 2300661 2018 Lucas R Mr 2300662 2018 Peters A Mr 2300663 2018 Prowting A Mr 2300664 2018 Smith T Mr 2300665 2018 Legg C Miss 2300666 2018 Glaister R Mrs 2300667 2018 Tottey K Mr 2300668 2018 Barrett I Mr 2300669 2018 Henderson D Mr 2300670 2018 Head G Miss 2300671 2018 Newton S Mrs 2300672 2018 Johnson M Mrs Case No: 2300651/2018 and others (see schedule) 1 EMPLOYMENT TRIBUNALS Between Claimants: Mrs C Humphreys and others (see schedule) Respondent: The Beer Piper Company Limited (in liquidation) Interested Party: Secretary of State for Business, Energy and Industrial Strategy Heard at London South Employment Tribunal on 21 November 2018 Before Employment Judge Baron Representation: Claimants: Catherine Humphreys Respondent: The Respondent was not represented Secretary of State: There was no representation AMENDED JUDGMENT No response having been presented to the Tribunal by the Respondent it is the judgment of the Tribunal under rule 21 of the Employment Tribunals Rules of Procedure 2013 as follows:[1]The Tribunal declares that the complaint made by the Claimants under section 189 of Trade Union & Labour Relations (Consolidation) Act 1992 is well-founded;[2]The Tribunal makes a protective award in respect of the Claimants for the period of 90 days from 8 January 2018 and orders the Respondent to pay remuneration to the Claimants for that period;[3]The Tribunal finds that the Respondent was in breach of contract in not giving notice to the Claimants of the termination of their employment and orders the Respondent to pay damages to the Claimants in accordance with the schedule below;[4]The Tribunal finds that each of the Claimants other than Mrs Humphreys and Miss Head were unfairly dismissed and orders the Respondent to pay a basic award and a compensatory award in accordance with the schedule below. Case No: 2300651/2018 and others (see schedule) 2 Case number Claimant Basic award Compensatory award (where applicable) Notice pay 2300651 2018 Humphreys C Mrs N/A N/A £327.75 2300652 2018 Randall A Miss £14,181.00 £6,255.80 2300653 2018 Arkell A Mr £4,230.00 £3,507.69 2300654 2018 Morgans A Mr £8,068.50 £4,590.44 2300655 2018 Elmer L Mr £4,890.00 £6,880.75 2300656 2018 Boucher C Mr £8,802.00 £8,956.30 2300657 2018 Richardson K Mrs £2,978.10 £2,978.10 2300658 2018 Peck M Mrs £4,500.24 £4,500.24 2300659 2018 Thomas B Mr £2,132.33 £1,352.31 2300660 2018 Cunningham J Mr £13,692.00 £5,289.37 2300661 2018 Lucas R Mr £5,438.64 £3,618.19 2300662 2018 Peters A Mr £5,322.12 £2,962.89 2300663 2018 Prowting A Mr £3,979.35 £3,188.08 2300664 2018 Smith T Mr £1848.33 £1848.33 2300665 2018 Legg C Miss £3,143.55 £3,143.55 2300666 2018 Glaister R Mrs £1,116.72 £1,168.12 2300667 2018 Tottey K Mr £9,450.00 £4,270.00 2300668 2018 Barrett I Mr £3,393.63 £1,871.46 2300669 2018 Henderson D Mr £5,750.03 £4,324.62 2300670 2018 Head G Miss N/A N/A £1,499.40 2300671 2018 Newton S Mrs £1,833.30 £1,023.26 2300672 2018 Johnson M Mrs £7,564.56 £3,245.93