Mr M Anderson and others v AIM Engineering Ltd (in Administration): 2406181/2020 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The consent of the Administrators having been obtained, the time for presenting a response having expired , and no valid response having been presented by the respondent within the prescribed time limit , it is the judgment of the Tribunal that:[1]The claims are combined.[2]The respondent failed to consult with the claimants as persons who may be affected by proposals to dismiss, or measures taken in connection with the dismissal of, 20 or more employees, in breach of s.188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.[3]The claimants are entitled to , and the Tribunal orders the respondent to pay, a protective award. That award is an award of remuneration for the protected period of 90 days from 4 February 2020.[4]The Recoupment Regulations apply. NOTE 1.These claims all arise from the Administration of the respondent, and the necessary consents to the claims proceeding have been given. No response to the claims has been received, and the claims therefore succeed. 2.A protective award is a two stage process. The Tribunal at this stage makes no financial awards, but gives a judgment that each of the listed claimants is entitled to a protective award in the terms set out above. The claimants must then seek payment of their individual awards from the respondent (or the Secretary of State) , quantifying the same. 3.Failure to pay, or any dispute as to the amount payable, then becomes a matter for a further separate claim under s.192 of the Trade Union and Labour Relations (Consolidation) Act 1992 for payment of the award.