Mr B Power and others v Mothercare UK Ltd (In Administration): 2405172/2020 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 Rule 64 By consent of the parties, the judgment of the Tribunal is as follows:[1]The Claimants in the attached Schedule 1 to this judgment were employed by the Respondent.[2]On 5 November 2019, Zelf Hussain, Mark James Tobias Banfield and David Baxendale were appointed Joint Administrators of the Respondent.[3]Between 8 January 2020 and 14 January 2020, the Claimants were dismissed by the Respondent by reason of redundancy.[4]The Respondent did not fully inform and consult with the Claimants in accordance with the provisions of s.188 and s.188A of The Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”).[5]The Claimants have raised a complaint pursuant to section 189 of the Act seeking a protective award in respect of that failure.[6]The Tribunal makes a protective award in favour of the employees listed in the Schedule attached to this judgment and orders the Respondent to pay remuneration for a protected period of 56 days beginning on each Claimant’s redundancy date.[7]Any amounts of the protected award referred to in paragraph 6 above that are not paid by the Redundancy Payments Service (“RPS”) (in accordance with its own regulations and limits) will rank as ordinary unsecured claims against the Administration.[8]There is no order requiring any party to pay or reimburse another party’s costs or fees. Each party shall bear their own costs and fees.