Ms N Walker and Others v PFP Energy Ltd (in Administration) and Secretary of State for Business, Energy and Industrial Strategy: 2415386/2021 and others
JUDGMENT
[1]Permission is granted for the claim form in case number 2415392/2021 brought by Ms Demi Brown to be amended so that it now includes the following sentence: “In the alternative I bring this claim as an employee representative under section 189(1)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992.”[2]The claim brought by Ms Demi Brown as an employee representative under case number 2415392/2021 succeeds. The first respondent failed in its duty to inform and consult employee representatives under section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. A protective award is made requiring the first respondent to pay remuneration for a protected period of 90 days from 1 October 2021 (the date the first dismissal took effect) to all 52 affected employees, including the individuals identified as claimants in the schedule to this Judgment.[3]The recoupment regulations apply to the protective award. Case No. 2415386/2021 & others (see schedule) 2[4]All claims set out in the attached schedule, save that brought by Ms Demi Brown under case number 2415392/2021, are claims brought under section 189(1)(d) of the Trade Union & Labour Relations (Consolidation) Act 1992 by claimants in their individual capacity and are dismissed because they did not have standing to bring such claims.