Mr S Waterhouse and Others v James Killelea and Company Ltd (in Administration): 2413201/2023 and Others
JUDGMENT
[1]The claimants’ complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the respondent to comply with the requirements of section 188 of the 1992 Act are well-founded.[2]The Tribunal orders the respondent by way of protective award under section 189(3) of the 1992 Act to pay the claimant and the claimants listed on the attached schedule, who were dismissed for redundancy between 13 October 2023 and 10 November 2023 a payment equivalent to remuneration for the period of 90 days beginning on 13 October 2023.[3]The Recoupment Regulations apply.REASONS
[1]The claimants presented a claim for 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 claim by the first respondent.[2]The first respondent is in administration and the administrators gave consent for the proceedings.[3]I issued a Judgment to the claim under Rule 21 without a hearing.[4]I noted that the claimants were made redundant between 13 October and 10 November 2023 and that was the date I put in the Judgment in relation to the protected period. However, that was an error on my part.[5]The respondent employed over 20 employees from its premises at Stoneholme Road, Crawshawbooth, Rossendale, Lancashire, BB4 8BA. Over 20 employees were informed on 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. However, Mr Waterhouse and Mr Reader were not made redundant at that time.[6]However, the claimants were at risk of redundancy during the 90 day period commencing 13 October 2023. However, during that period they (as required by the administrators) continued to work in their roles.[7]Mr Waterhouse was made redundant on 16 February 2024 and Mr Reader was made redundant on 8 February 2024.[8]However, I have reminded myself of the provisions of section 189(3) TULR(C)A 1992. The claimants were employees in respect of whose proposed dismissal the respondent had failed to consult and therefore failed to comply with the requirements of section 188 TULR(C)A 1992.[9]The protected period is 90 days commencing 13 October 2023.[10]The claimants are therefore entitled to a protective award of a payment equivalent to remuneration for 90 days commencing at the beginning of the protected period on Friday 13 October 2023. Employment Judge K M Ross Date:20 August 2024