Ms L Wailes and others v Rigby's Fruit Ltd: 2405298/2018 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claims succeed and the remedy to which the claimants are entitled will be determined at the hearing on 4 July 2018, which will now be a Remedy hearing. Regional Employment Judge Parkin Dated: 19 June 2018 JUDGMENT SENT TO THE PARTIES ON 20th June 2018 AND ENTERED IN THE REGISTER FOR THE TRIBUNAL OFFICE 2404300/2018 Mrs A Peasnell 2404349/2018 Ms B McCaffrey 2405298/2018 Ms L Wailes 2405311/2018 Miss K Beechall 2405409/2018 Mrs D Cook 2405411/2018 Ms O James 2405412/2018 Miss E Bent 2405473/2018 Mrs B Brailey 2405475/2018 Mrs S Hampson 2405479/2018 Mrs C Stevens 2405517/2018 Mrs W Malone 2410264/2018 Mrs S Rigby Case No. 2405298/2018 and others EMPLOYMENT TRIBUNALS Claimants: Ms L Wailes (and others see schedule) Respondent: Rigby’s Fruit Limited HELD AT: Liverpool ON: 4 July 2018 BEFORE: Regional Employment Judge Parkin (sitting alone) REPRESENTATION: Claimants: Respondent: All in person save Mrs Hampson, Ms McCaffrey, Mrs Peasnell and Mrs Rigby No response presented and no attendance. JUDGMENT The judgment of the Tribunal is that:[1]In respect of all claimants, the respondent failed to comply with the collective consultation requirements at Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of its establishment at 13-17 Sankey Street, Warrington and is ordered to pay each claimant a protective award representing 90 days’ pay for a protected period of 90 days from 24 February 2018.[2]In the case of Miss Beechall, the respondent is ordered to pay her a redundancy payment in the sum of £5,670, together with damages for breach of contract in the sum of £720 net and compensation for accrued paid annual leave in the sum of £1,260.[3]In the case of Mrs Stevens, the respondent is ordered to pay her a redundancy payment in the sum of £1,620, damages for breach of contract in the sum of £729 net and compensation for accrued paid annual leave in the sum of £360.[4]In the case of Mrs Brailey, the respondent is ordered to pay her a redundancy payment in the sum of £3,375, damages for breach of contract in the sum of £1,460 net and compensation for accrued paid annual leave in the sum of £300. Case No. 2405298/2018 and others[5]In the case of Ms Wailes, the respondent is ordered to pay her a redundancy payment in the sum of £4,860, damages for breach of contract in the sum of £1,960 net and compensation for accrued paid annual leave in the sum of £1,080.[6]In the case of Mrs Cook, the respondent is ordered to pay her a redundancy payment in the sum of £2,250, damages for breach of contract in the sum of £700 net and compensation for accrued paid annual leave in the sum of £225.[7]In the case of Mrs Davies, the respondent is ordered to pay here a redundancy payment in the sum of £3,375, damages for breach of contract in the sum of £1,700 net and compensation for accrued paid annual leave in the sum of £562.50.[8]In the case of Miss Bent, the respondent is ordered to pay her a redundancy payment in the sum of £816, damages for breach of contract in the sum of £250 net and compensation for accrued paid annual leave in the sum of £1,088.[9]In the case of Mrs Malone, the respondent is ordered to pay her a redundancy payment in the sum of £2,700, damages for breach of contract in the sum of £900 net and compensation for accrued paid annual leave in the sum of £450.[10]In the case of Mrs Hampson, the respondent is ordered to pay her compensation for accrued paid annual leave in the sum of £1,050 and the sum of £225 unlawful deduction of wages in respect of holiday pay.[11]In the case of Ms McCaffrey, the respondent is ordered to pay her a redundancy payment in the sum of £5,670 and compensation for accrued paid annual leave in the sum of £1,260.[12]In the case of Mrs Peasnell, the respondent is ordered to pay her a redundancy payment in the sum of £2,660 and compensation for accrued paid annual leave in the sum of £1,120.[13]In the case of Mrs Rigby, the respondent is ordered to pay her a redundancy payment in the sum of £4,050 and compensation in the sum of £1,200 for accrued paid annual leave but makes no award of damages for breach of contract.