Miss R Simpson and others v Herbert T Forrest Ltd (in Administration): 2401529/2018 and others
JUDGMENT
Employment Tribunal Rules of Procedure Rule 21 In the absence of any response to the claims from the respondent, but the administrator having consented on 28 January 2020 to these claims proceeding, and the Tribunal having heard evidence in other cases on 21 January 2020 about the circumstances of the respondent’s administration in December 2018, the judgment of the Tribunal is as follows:[1]In relation to each claimant to whom this paragraph applies, the claim for a protective award is well founded. It is declared that the respondent failed to consult the claimants as required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The respondent is ordered to pay to each claimant remuneration for the protected period of 90 days beginning on 7 December 2018. The recoupment regulations apply.[2]Paragraph 1 of this judgment applies to the following claimants: 2401529/2019 Miss R Simpson 2401401/2019 Mr J Allen 2401404/2019 Mr A Bell 2401432/2019 Mr A Green 2401435/2019 Mr M Highfield 2401451/2019 Mr D Urwin 2401864/2019 Mr M Edwards[3]The complaints against the respondent in respect of notice pay and unauthorised deductions from pay brought by Mr M Edwards in case number 2401864/2019 are dismissed. It appears that his employment transferred to a new employer on 7 December 2018 under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and any such complaints will lie against the new employer not this respondent. Case No. 2401529/2018 and six others (see below)