Mr A Thursby and others v Mayson Bros Ltd (in administration) and The Secretary of State for Business, Energy and Industrial Strategy: 2402468/2020 and others
EMPLOYMENT TRIBUNALS
Case No 2402468/2020
Between
Mr A Thursby and others (see schedule)Claimant(1) Mayson Bros Limited (in administration) (2) The Secretary of State for Business, Energy and Industrial StrategyRespondent
Before
Employment Judge Phil Allen DateDate 23 June 2020
JUDGMENT
BY CONSENT UPON reading the application submitted by the Claimants and First Respondent having provided its consent AND UPON the Claimants and the First Respondent having agreed to the terms of the Judgment set out below by consent The Judgment of the Employment Tribunal made under Rule 64 of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 is that:[1]Permission for the claims presented by the Claimants named in the attached Schedule to this Judgment to proceed against the First Respondent, and the lifting of the moratorium in relation to those claims, is granted by the administrators of the First Respondent.[2]Protective Award2.1 In relation to the Claimants named in the attached Schedule to this Judgment the First Respondent failed to adequately comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 and the claim for a protective award brought under section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992 succeeds.2.2 The First Respondent is ordered to pay remuneration to the Claimants named in the attached schedule of a protected period of 56 days beginning 1 of 3 on 08/01/2020 (being the date on which the first of the dismissals to which the complaint relates took effect).[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 First 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.