Mrs N Bettely and others v Ena Shaw Ltd (in administration) and Secretary of State for Business Energy and Industrial Strategy: 2405387/2020 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The first respondent has not presented a response. The second respondent has presented a response stating that it does not resist the claims. Judgment is granted to the claimants in the terms set out below.[2]The claimants listed in the attached schedule were employed by the first respondent. In February 2020 the first Respondent went into Administration and Administrators were appointed.[3]On the morning of 12 February 2020, the Claimants were dismissed by reason of redundancy with immediate effect. The first Respondent failed to inform and consult with the Claimants in accordance with the provisions of s188 and s188A of the Trade Union and Labour Relations (Consolidation) Act 1992 (the 1992 Act).[4]The claimants have raised a complaint pursuant to s189 of the 1992 Act seeking a protective award in respect of that failure. Consent of the Administrators has been obtained or these proceedings[5]The Tribunal makes an award under s189 of the 1992 Act in favour of the claimants named in the attached schedule for the maximum protected period of 90 days commencing on 12 February 2020.[6]The recoupment provisions apply to this award.