S Hope and others (see schedule) v Salford and Trafford Engineering Group Training Association Ltd (In Creditors Voluntary Liquidation): 2404796/2024 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to present a valid response on time to each of these claims and a determination can properly be made of the claims in accordance with rule 21 of the Rules of Procedure.[2]The claims seeking a protective award under section 189 Trade Union and Labour Relations (Consolidation) Act 1992 are well-founded. The respondent failed in its duty to consult the claimant and his former colleagues under section 188 of that Act.[3]The respondent is ordered to pay to each claimant named in the schedule remuneration for the protected period of 90 days starting on 31st May 2024, the date the first dismissal took effect.[4]The recoupment regulations apply to the protective award.[5]In addition the following individual monetary awards are made. The amounts awarded are those claimed on the claim form. Higher amounts claimed by claimants in subsequent correspondence have not been awarded because no permission to amend the claim form has been sought. S Hope[6]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £2,505.01.[7]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £375.56. C English[8]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £2,031.21.[9]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £538.15. C McGuigan[10]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £1,580.64.[11]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £2,041.56. D Tarry[12]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £2,328.14.[13]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £799.63. I S Parker[14]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £6,766.28.[15]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £84.58. J B Swift[16]No awards have been made for notice or holiday pay. L O’Toole[17]No awards have been made for notice or holiday pay. P Howarth[18]No awards have been made for notice or holiday pay. S Dawood[19]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £2,495.48.[20]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £500.60. E L Katona[21]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £4,433.03.[22]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £1,308.07.