Ms H Brierley and others v Anderson Maine Ltd (In Creditors’ Voluntary Liquidation) and Secretary of State for Business Innovation and Skills: 2411592/2019 and others
JUDGMENT
The time for presenting a response has expired and the first respondent has not presented a valid response. The claimants’ claim forms were submitted beyond the relevant statutory time limit at S192(2)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment of the Tribunal is that:[1]It was not reasonably practicable for the claimants’ complaints to be presented within that time limit, the claims were submitted within a reasonable further period and so the claims can proceed.[2]The first respondent has failed to comply with the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to consult with the claimants.[3]The claimants are entitled to and the Tribunal orders the first respondent to pay a protected award of remuneration to the above named claimants for the period of 90 days from 16th October 2018.[4]No awards are made against the second respondent.[5]The recoupment regulations apply to this award.