Mr R Edwards and Others v FLYBE Ltd (In Administration) and The Secretary of State for Business, Energy and Industrial Strategy: 2302628/2020

EMPLOYMENT TRIBUNALS
Case No 2302628/2020
Between
Mr R Edwards and OthersClaimantFLYBE Ltd (In Administration) and The Secretary of State for Business, Energy and Industrial StrategyRespondent
Before
Employment Judge K Andrews DateDate 22 September 2020

JUDGMENT

The parties have reached agreement on the terms of Judgment as follows:[1]Permission for the claims presented by the Claimants named in the attached Schedule to this Judgment to proceed against the Respondent, and the lifting of the moratorium in relation to those claims, is granted by the administrators of the Respondent Company.[2]Protective Award2.1 In relation to the Claimants named in the attached Schedule to this Judgment the Respondent Company failed to adequately comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 and the claim for a protective award brought under section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992 succeeds.2.2 The Respondent Company is ordered to pay remuneration to the Claimants named in the attached schedule for a protected period of 56 days beginning on 05/03/2020 (being the date on which the first of the dismissals to which the complaint relates took effect).[3]Preferential debts 3.1 Subject to the normal categories of preferential debts set out in Schedule 6 of the Insolvency Act 1986, any payments made by the Respondent (rather than the Secretary of State) pursuant to this Judgment will be paid as an unsecured dividend.[5]There shall be no order as to costs and each party shall bear their own costs in these proceedings. Employment Judge K Andrews Date: 22 September 2020 SCHEDULE Mr Russell Edwards Mr Darren Walker Mr Antonio Cruz Mr David Schofield Mr Joseph Kemp[6]Mr Mohamed Ali[7]Mr Daniel Richardson[8]Mr William Dawson[9]Mr Mark Urwin-Mann[10]Mr Christopher Thomas[11]Mr Joseph Fokes[12]Mr Elias Sonameah[13]Mr Alan Jones[14]Mr Scott McIlwaine[15]Mr Carl Whitton[16]Mr Anthony Johnson[17]Mr Philip Wilson[18]Mr Morgan El Dani[19]Mr Dimitris Melissaris[20]Mr David Hartshorne[21]Mr John Horner