Mr T Justice and others v James Killelea and Company Ltd (in Administration): 2411311/2023 and others
JUDGMENT
Rule 21 Employment Tribunal Rules of Procedure 2013 The respondent not having presented a response to the claims and on the information before the Judge. The judgment of the Tribunal is that:[1]The claims of the claimant and the claimants listed on the attached Schedule under Section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the respondent to comply with the sections of Section 188 of the 1992 Act, are well founded.[2]The Tribunal orders the respondent by way of a protective award under Section 189(3) of the 1992 Act to pay to the claimants who were made redundant during the period Friday 13 October 2023 to Friday 3 November 2023, a payment equivalent to remuneration for the period of 90 days beginning on Friday 13 October 2023.[3]The Employment Protection (Recoupment of Job Seekers Allowance and Income Support) Regulations 1996 apply to these awards.REASONS
[1]The claimants claim a protective award in respect of the failure of the respondent to consult collectively as required under the 1992 Act. No response was presented to the claims by the first respondent.[2]The first respondent is in administration and the administrators have given consent for these claims to proceed.[3]On a full consideration of the file of proceedings it was possible to issue this Judgment under Rule 21 in respect of the claims for protective awards without a hearing.[4]On the information provided the Tribunal finds the first respondent employed over 20 employees from its premises at Stoneholme Road, Crawshaw Booth, Rossendale, Lancashire, BB4 8BA. I have not been informed of any trade union recognised for collective bargaining consultation or negotiation with the workforce at the site.[5]Over 20 employees were informed Friday 13 October 2023 by Robert Killelea and/or the administrators and/or their line manager that they were being made redundant with immediate effect. The company entered formal administration on 18 October 2023, according to Companies House.[6]Some of the claimants were made redundant slightly later during the protected period, after Friday 13 October 2023.[7]There was no proper warning or notice given to or consultation with the workforce. No employee representatives had been elected or appointed for any such consultation within Section 188A of the 1992 Act.[8]In these circumstances the respondent is in breach of the duty under Section 188 of the 1992 Act and the Tribunal makes an award under Section 189 in favour of the claimants for the maximum protected period of 90 days commencing on the date of the first redundancies Friday 13 October 2023.