Mr M H Mateparae v Herbert T Forrest Ltd (in Administration): 2417908/2018

EMPLOYMENT TRIBUNALS

Case No 2417908/2018

Between

Mr M H MateparaeClaimant

Herbert T Forrest Ltd (in Administration)Respondent

Before

Employment Judge Franey

Other Claimants for claimant

Date 22 January 2020

JUDGMENT

[1]In relation to each claimant named in schedule 1 and schedule 2 to this judgment, the claim for a protective award is well founded. It is declared that the respondent failed to consult the claimants as required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The respondent is ordered to pay to each claimant remuneration for the protected period of 90 days beginning on 7 December 2018. The recoupment regulations apply.

[2]In relation to those claimants named in schedule 2 only:(a) The title of the claimant in case number 2418099/2018 is amended from Mr G Pickering to Mr G Picking to correct an error in the Tribunal’s records;

(b) All complaints in respect of notice pay, holiday pay, arrears of pay and seeking a redundancy payment are dismissed upon withdrawal by the claimants, payment of such sums having already been made; Case No. 2417908/2018 and other combined cases (see schedules) 2

(c) The unfair dismissal complaints are well founded. The claimants were unfairly dismissed. However, no compensation is awarded. The basic award is extinguished by the statutory redundancy payment. It is just and equitable to make no compensatory award pursuant to the principle set out in Polkey v AE Dayton Services Limited

[1988] ICR 142

because even if the respondent had acted fairly employment would have terminated on 7 December 2018 in any event.

[3]This judgment does not apply to those claimants in schedule 3. The respondent’s administrators have not given any consent for their claims to proceed and they remained stayed.