Mr L Armstrong and others v Sash UK Ltd (In Administration): 2413995/2020 and others

EMPLOYMENT TRIBUNALS
Case No 2413995/2020, 2414097/2020, 2413988/2020, 2414115/2020
1. Mr L Armstrong and 102 others (see attached schedule) 2. Mr D Woolf 3. Mr D Murray 4. Mrs S LucasClaimantSash UK Ltd (In Administration)Respondent
Date 25 February 2021

JUDGMENT

[1]The stay of the proceedings is lifted.[2]The claim of Mr D Paul, case number 2414054/2020, is dismissed upon withdrawal.[3]The claim of Mrs S Lucas under case number 2414232/2020 is dismissed upon withdrawn as it is a duplicate of her claim 2414043/2020 which is addressed below.[4]The respondent failed to comply with the requirements of section188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.[5]It is declared that the claims of the first claimant, all other claimants named in the schedule save for Mr D Paul, and the second, third claimants and fourth claimants for protective awards are well-founded.[6]A protective award is made in respect of the above-named claimants who were 1 of 2 Case Numbers: 2413995/2020 – 2414097/2020 (see schedule) 2413988/2020, 2414115/2020 and2414232/2020 employed by the respondent at their premises at Ferrymoor Way, Grimethorpe, South Yorkshire S72 7BN and who were dismissed as redundant on 12 June 2020.[7]The protected period begins on 12 June 2020 and is for a period of 90 days, it being just and equitable to make the maximum award because of the complete failure to comply with the statutory requirements for collective consultation.[8]The recoupment provisions apply.