Mrs J Webb and Mr M Foster-Thomas v Ampersand Care Ltd (in liquidation) and Secretary of State for Business, Energy and Industrial Strategy: 2303689/2018 and 2303690/2018
JUDGMENT
The complaint that the respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded. The Tribunal makes a protective award in respect of the claimants who were dismissed as redundant on or after 2/7/2018 and orders the respondent to pay those employees remuneration for the protected period of 90 days beginning on 2/7/2018.REASONS
[1]On 19/12/2019 the claimants requested the claims would be dealt with by means of written representations, rather than attending the hearing in person.[2]The respondent entered into a creditors voluntary liquidation on 19/7/2018. It did not present a response.[3]The Secretary of State was added to the proceedings as an interested party on 26/2/2019. It presented a response to the claims on 2/1/2020 and confirmed it had no objection to the claim being decided on the papers.[4]The claimants claim a protective award as a result of the respondent’s failure to comply with its collective consultation obligations in respect of collective redundancies.[5]The Tribunal has taken into account the Secretary of State’s written submissions; however, judgment is entered in the claimants’ favour.