GMB North West and Irish Region v AHY Hotels (In Voluntary Creditors Liquidation) and Secretary of State for Business, Energy and Industrial Strategy: 2400223/2019
JUDGMENT
[1]The judgment of the Tribunal is that the claimants’ complaint under Section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure of the first respondent to comply with the requirements at Section 188 of the 1992 Act is well founded and succeeds.[2]The Tribunal orders the first respondent by way of protective award under Section 189(3) of the 1992 Act to pay all members of the relevant bargaining group namely all employees employed by the respondent at the Chadwick Hotel, save for the owner and directors, who were dismissed for redundancy on 9 November 2018 remuneration for the period of 90 days beginning on 9 December 2018. The Recoupment Regulations apply.