Mr G Howett and others v GT Realisations Ltd - In Administration (Formerly GasTag Ltd) and The Secretary of State for Business, Energy and Industrial Strategy: 2401668/2021 and others

EMPLOYMENT TRIBUNALS

Case No 2401668/2021

Between

Grahame HowettClaimant

GT Realisations Ltd - In Administration (Formerly GasTag Ltd) and The Secretary of State for Business, Energy and Industrial StrategyRespondent

Before

Employment Judge Ord

Mr Lassey (instructed by Counsel) for claimant

Date 23 November 2021

JUDGMENT

[1]The complaint that the 1st respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well-founded.

[2]Protective Award 2.1. The claimants named above were employed by the 1st respondent. 2.2. As a result of the company going into administration on 14th October 2020, the claimants named above were dismissed by the 1st respondent by reason of redundancy on that date. 2.3. In relation to the claimants named above, the 1st respondent failed to adequately comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and the claim for a protective award brought under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 succeeds. 2.4. The 1st respondent is ordered to pay remuneration to the claimants named in the attached schedule for a protected period of 90 days beginning on 14th October 2020 (being the date on which the first of the dismissals to which the complaint relates took effect). 2.5. All further proceedings of the claimants in this action be stayed. 2.6. The recoupment regulations apply to this award.

[3]Preferential debts 3.1. Subject to the normal categories of preferential debts set out in Schedule 6 of the Insolvency Act 1986, any payments made by the 1st respondent (rather than the Secretary of State) pursuant to this judgment will be paid as an unsecured dividend.

[4]Costs 4.1. There shall be no order as to costs and each party shall bear their own costs in these proceedings.