Mr J Irons and others v Blue Group UK Retail Ltd T/a Harveys Furniture (in Administration): 2418404/2020 and others

EMPLOYMENT TRIBUNALS

Case No 2418404/2020

Between

Mr J Irons & 6 Others (see schedule)Claimant

Blue Group UK Retail Limited T/A Harveys Furniture (In Administration)Respondent

Before

Employment Judge Malik

Date 12 June 2022

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21 The respondent not having presented a response to the claims, and on the information before the Judge, the Judgment of the Tribunal is that:

[1]The respondent failed to consult with the claimants in breach of section188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

[2]Under Section 189(1)(d), (2), (3) and (4) of the Trade Union and Labour Relations (Consolidation) Act 1992, the Tribunal makes a protective award in respect of the claimants listed in the attached schedule, and the respondent is ordered to pay remuneration to them for a protected period of 90 days beginning on 18 August 2020.

[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to this award.

REASONS

[4]The claimants listed in the attached schedule were employed by the first respondent.

[5]The claimants were dismissed by the respondent by reason of redundancy. on 18 August 2020. Case No: 2418404/2020 & 6 others (see schedule)

[6]The respondent employed more than 20 employees nearly all of whom were made redundant on, or around, the same date.

[7]There was no proper warning or notice given to or consultation with the workforce. The dismissals were put into effect without any consultation or advance notice.

[8]The respondent did not adequately comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992.

[9]The claimants raised a complaint pursuant to section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992 seeking a protective award in respect of that failure.

[10]No response was presented to the claims by the respondent.

[11]On 30 June 2020, Zelf Hussain, Peter Dickens and Julia Marshall of PWC were appointed Joint Administrators of the respondent.

[12]The Administrators have consented to the claims proceeding and to all claimants being included as part of this Judgment.

[13]In the circumstances, the Tribunal makes a protective award in favour of the claimants listed in the attached Schedule. NOTE

[14]A protective award is a two-stage process. The Tribunal at this stage makes no financial awards, but gives a judgment that the claimants are entitled to a protective award in the terms set out above. The claimants must then seek payment of their individual award from the respondent (or the Secretary of State), quantifying the same.

[15]Failure to pay (should that occur), or any dispute as to the amount payable, then becomes a matter for a further separate claim under s.192 of the Trade Union and Labour Relations (Consolidation) Act 1992 for payment of the award. _____________________________ Case No: 2418404/2020 & 6 others (see schedule) Employment Judge Malik Date 12 June 2022

award.

[1]The claimants’ application for reconsideration is granted without a hearing following its provision of new evidence concerning the claimants’ termination date.

[2]The respondent’s administrator agreed to the reconsideration being dealt with on the papers and it has been agreed that the claimants’ termination date, as set out in further evidence submitted to the Tribunal, is to be adopted.

[3]Consequently, on the information now provided, I am satisfied that it is in the interests of justice to replace the termination date of 18 August 2020, as set out in my judgment of 12 June 2022, with the new date of 30 June 2020 for all claimants as listed in the schedule to the original judgment.

[4]The original paragraph set out in my judgment of 12 June 2022 is amended to read, “ Under Section 189(1)(d), (2), (3) and (4) of the Trade Union and Labour Relations (Consolidation) Act 1992, the Tribunal makes a protective award in respect of the claimants listed in the attached schedule, and the respondent is ordered to pay remuneration to them for a protected period of 90 days beginning on 30 June 2020.”