Mr D Hartley v James Killelea and Company Ltd (in Administration): 2400203/2024
JUDGMENT
The Judgment issued pursuant to Rule 21 ET Rules of Procedure 2013 on 5 June 2024 is reconsidered as follows:[1]The claim of the claimant under section 189(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure of the respondent to comply with section 188 of the 1992 Act is well-founded.[2]The Tribunal orders the respondent by way of a protective award under section 189(3) of the 1992 Act to pay to the claimant, who was at risk of redundancy during the period commencing 13 October 2023, a payment equivalent to remuneration for the period of 90 days beginning on 13 October 2023.[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to this award.REASONS
[1]The claimant presented a claim for a protective award in respect of the failure of the respondent to consult collectively as required under the 1992 Act on 15 January 2024. No response was presented to the claim by the first respondent.[2]The first respondent is in administration and the administrators gave consent for the proceedings.[3]I issued a Judgment to the claim under rule 21 without a hearing.[4]I noted that the claimant was made redundant on 15 March 2024 and that was the date I put in the Judgment in relation to the protected period. However, that was an error on my part.[5]The respondent employed over 20 employees from its premises at Stoneholme Road, Crawshawbooth, Rossendale, Lancashire, BB4 8BA. Over 20 employees were informed on Friday 13 October 2023 by Robert Killelea and/or the administrators and/or their line manager that they were being made redundant with immediate effect. The company entered formal administration on 18 October 2023 according to Companies House.[6]The claimant was at risk of redundancy during the 90 day protected period commencing 13 October 2023. However, during that period he (as required by the administrators) continued to work in his role in IT.[7]The claimant was made redundant on 15 March 2024.[8]However, I have reminded myself of the provisions of section 189(3) TULR(C)A 1992. The claimant was an employee in respect of whose proposed dismissal the respondent had failed to consult and therefore failed to comply with the requirements of section 188 TULR(C)A 1992.[9]The protected period is therefore 90 days commencing 13 October 2023.[10]The claimant is therefore entitled to a protective award of a payment equivalent to remuneration for 90 days commencing at the beginning of the protected period on Friday 13 October 2023.