Mr M Van Leeuwen v STA Travel Ltd (in Creditors’ Voluntary Liquidation) and Secretary of State for Business, Energy and Industrial Strategy: 2402069/2021
JUDGMENT
[1]The claimant was employed within an establishment where the first respondent was proposing to dismiss as redundant 20 or more employees within the period of 90 days or less.[2]The first respondent failed to comply with the requirement to consult with the claimant prior to dismissing him and that was a breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.[3]Under that Act the Tribunal makes a protective award in respect of the claimant. The first respondent is ordered to pay remuneration to him for a protected period of 90 days beginning on 2 September 2020. Case No. 2402069/2021[4]The Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996 do not apply to this award. NOTE A protective award is a two-stage process. The Tribunal at this stage makes no financial award but gives a judgment that the claimant is entitled to a protective award in the terms set out above. The claimant must then seek payment of his award from the first respondent (or the Secretary of State), quantifying the same. Failure to pay (should that occur), or any dispute as to the amount payable, then becomes a matter for a further separate claim under s.192 of the Trade Union and Labour Relations (Consolidation) Act 1992 for payment of the award.