Mrs D Lambert and others v Purogenix Ltd (in administration) and Secretary of State for Business, Energy and Industrial Strategy: 2302326/2018 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 UPON the Claimants entering a claim for a protective award arising from redundancies that occurred on 04 June 2018; AND UPON the Respondent entering into administration on 04 June 2018; AND UPON the Joint Administrators entering a Response confirming that they do not defend the claims; AND UPON the Secretary of State for Business, Energy and Industrial Strategy being joined to proceedings; AND UPON the Secretary of State entering a Response to the claims; AND UPON the Claimants providing confirmation under a statement of truth, accepted by the Tribunal as evidence of the same, that:(i) The Respondent did not recognise an independent trade union in respect of the Claimants;(ii) There were no representatives of employees elected for general consultation or specifically for the purposes of the redundancies in question;(iii) 20 or more employees were dismissed from one establishment within a period of 90 days and that the Claimants in this case were part of that group;(iv) The name and single address of the employer was confirmed; and(v) The date the first redundancies took place was 04 June 2018 Case No: 2302326/2018 & others (see schedule) AND UPON the Tribunal receiving no pleading of special circumstances or that the employer had undertaken as much consultation as is reasonably practicable in the circumstances; IT IS THE JUDGMENT OF THE TRIBUNAL THAT:[1]Having regard to the seriousness of the default the Tribunal concludes that it is just and equitable to make a protected award of 90 days beginning on 04 June 2018.[2]The The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to the award. The protected period is the 90 days beginning with 04 June 2018. The prescribed element is the pay for each Claimant under this judgment. Employment Judge Freer Date: 24 October 2019 List of Cases for Multiple 5502 - Purogenix Limited Case Number Claimant Name 2301194/2018 Mr M Jaworski 2301265/2018 Mr M Rolfe 2301282/2018 Mr M Kalabun 2301288/2018 Miss G Vespenderyte 2301777/2018 Mr P Sullivan 2301933/2018 Miss T Bozhinova 2302326/2018 Mrs D Lambert 2302327/2018 Mr S Bhardwaj 2302328/2018 Mrs V Bhardwaj 2302329/2018 Ms T Bozhinova 2302330/2018 Mr J Brannan 2302331/2018 Mr K Cassidy 2302332/2018 Mr J Chantler 2302333/2018 Mr L Davey 2302334/2018 Mr SK Dey 2302336/2018 Mr L Joseph 2302337/2018 Mr S Kadam Case No: 2302326/2018 & others (see schedule) 2302338/2018 Mr G Key 2302339/2018 Mr D Kumar 2302340/2018 Mrs D Lambert 2302341/2018 Mr K Lipinski 2302342/2018 Mr K Mane 2302343/2018 Mr D Martyn 2302344/2018 Mr S Maurya 2302345/2018 Mr SJ Mitchell 2302346/2018 Mr AQ Mohammed 2302347/2018 Mr P Mytum 2302348/2018 Mr A Olszewski 2302349/2018 Mr T Pacholczak 2302350/2018 Mrs D Pakulyene 2302351/2018 Mr N Palagachev 2302352/2018 Mr C Patel 2302353/2018 Mr T Rakas 2302354/2018 Mr M Rolfe 2302355/2018 Mr A Semaska 2302356/2018 Mr A Sharma 2302357/2018 Mr NK Sharma 2302358/2018 Mr P Sullivan 2302359/2018 Ms O Tatarenko 2302360/2018 Mr A Thapliyal 2302361/2018 Mr C Thomas 2302362/2018 Mr K Trawinski 2302363/2018 Mr D Varia 2302364/2018 Ms G Vespenderyte 2302366/2018 Mr T Wieczorek Case No: 2302326/2018 10.15 Certificate of Correction – rule 69 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mrs D Lambert & Others Respondent: Purogenix Limited CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Judgment sent to the parties on 19 June 2020, is corrected as set out in bold type in the multiple schedule. _____________________________ Regional Employment Judge Freer Date: 16 October 2020 Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing. Case No: 2302326/2018 & others (see schedule) EMPLOYMENT TRIBUNALS Claimant: Mrs D Lambert & Others (see schedule) Respondent: Purogenix Limited (in administration) Interested Party: Secretary of State for Business, Energy and Industrial Strategy CORRECTED JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21 UPON the Claimants entering a claim for a protective award arising from redundancies that occurred on 04 June 2018; AND UPON the Respondent entering into administration on 04 June 2018; AND UPON the Joint Administrators entering a Response confirming that they do not defend the claims; AND UPON the Secretary of State for Business, Energy and Industrial Strategy being joined to proceedings; AND UPON the Secretary of State entering a Response to the claims; AND UPON the Claimants providing confirmation under a statement of truth, accepted by the Tribunal as evidence of the same, that:(i) The Respondent did not recognise an independent trade union in respect of the Claimants;(ii) There were no representatives of employees elected for general consultation or specifically for the purposes of the redundancies in question;(iii) 20 or more employees were dismissed from one establishment within a period of 90 days and that the Claimants in this case were part of that group;(iv) The name and single address of the employer was confirmed; and(v) The date the first redundancies took place was 04 June 2018 Case No: 2302326/2018 & others (see schedule) AND UPON the Tribunal receiving no pleading of special circumstances or that the employer had undertaken as much consultation as is reasonably practicable in the circumstances; IT IS THE JUDGMENT OF THE TRIBUNAL THAT:[1]Having regard to the seriousness of the default the Tribunal concludes that it is just and equitable to make a protected award of 90 days beginning on 04 June 2018.[2]The The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to the award. The protected period is the 90 days beginning with 04 June 2018. The prescribed element is the pay for each Claimant under this judgment. Employment Judge Freer Date: 24 October 2019 Corrected on: 16 October 2020 List of Cases for Multiple 5502 - Purogenix Limited Case Number Claimant Name 2301194/2018 Mr M Jaworski 2301265/2018 Mr M Rolfe 2301282/2018 Mr M Kalabun 2301288/2018 Miss G Vespenderyte 2301777/2018 Mr P Sullivan 2301933/2018 Miss T Bozhinova 2302326/2018 Mrs D Lambert 2302327/2018 Mr S Bhardwaj 2302328/2018 Mrs V Bhardwaj 2302329/2018 Ms T Bozhinova 2302330/2018 Mr J Brannan 2302331/2018 Mr K Cassidy 2302332/2018 Mr J Chantler 2302333/2018 Mr L Davey 2302334/2018 Mr SK Dey 2302336/2018 Mr L Joseph 2302337/2018 Mr S Kadam 2302338/2018 Mr G Key Case No: 2302326/2018 & others (see schedule) 2302339/2018 Mr D Kumar 2302340/2018 Mrs D Lambert 2302341/2018 Mr K Lipinski 2302342/2018 Mr K Mane 2302343/2018 Mr D Martyn 2302344/2018 Mr S Maurya 2302345/2018 Mr SJ Mitchell 2302346/2018 Mr AQ Mohammed 2302347/2018 Mr P Mytum 2302348/2018 Mr A Olszewski 2302349/2018 Mr T Pacholczak 2302350/2018 Mrs D Pakulyene 2302351/2018 Mr N Palagachev 2302352/2018 Mr C Patel 2302353/2018 Mr T Rakas 2302354/2018 Mr M Rolfe 2302355/2018 Mr A Semaska 2302356/2018 Mr A Sharma 2302357/2018 Mr NK Sharma 2302358/2018 Mr P Sullivan 2302359/2018 Ms O Tatarenko 2302360/2018 Mr A Thapliyal 2302361/2018 Mr C Thomas 2302362/2018 Mr K Trawinski 2302363/2018 Mr D Varia 2302364/2018 Ms G Vespenderyte 2302366/2018 Mr T Wieczorek 2302367/2018 Mrs K Zaporowska