Mrs K Arnold and Miss S Ashwell v Nationwide Crash Repair Centres Ltd (in administration): 2307485/2020 and 2307498/2020
JUDGMENT
This was a determination on papers with no attendance by any party.[1]The name of the respondent in Mrs Arnold’s case is amended to Nationwide Crash Repair Centres Ltd.[2]The Tribunal makes a protective award in favour of the Claimants and orders the respondent to pay remuneration for a protected period of 90 days beginning on 4 September 2020.[3]There is no order requiring any party to pay or reimburse another party’s costs or fees. Each party shall bear their own costs and fees.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award.[5]This judgment does not affect Miss Ashwell’s other claims.REASONS
[1]The claimants were employed by the respondent at its site at Tonbridge.[2]On 4 September 2020, the claimants were dismissed by reason of redundancy. The respondent proposed to make more than 20 people redundant at the Tonbridge site.[3]The respondents did not fully inform and consult with the claimants in accordance with the provisions of s.188 and s.188A Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”). Case No:2307485/2020 And 2307498/2020[4]The claimants have raised their complaints as an individuals (there being no relevant employee representatives) pursuant to section 189 of the Act seeking a protective award.[5]By email dated 17 November 2021 the respondent’s Administrators proposed to resolve Miss Ashwell’s claim by consent. In line with the practice adopted in other claims involving this respondent, the Tribunal has issued this judgment in respect of both claims, as both claimants have informed the Tribunal that they worked at Tonbridge.[6]If any party considers either claimant is not entitled to a protective award, then they are reminded that they may apply for a reconsideration of the Judgment. Further information is contained in the leaflet provided alongside the Judgment.