Mr A Cavens v Nationwide Accident Repair Service Ltd (in Administration) and Secretary of State for Business, Energy and Industrial Strategy: 2418491/2020
JUDGMENT
This was a determination on papers with no attendance by any party.[1]The Tribunal makes a protective award in favour of the claimant and orders the first respondent to pay remuneration for a protected period of 90 days beginning on 4 September 2020.[2]There is no order requiring any party to pay or reimburse another party’s costs or fees. Each party shall bear their own costs and fees.[3]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award.REASONS
[1]The claimant was employed at an establishment at Moorside Road, Swinton.[2]On 4 September 2020, the claimant, along with others, was dismissed by reason of redundancy.[3]The respondent did not fully inform and consult with their employees in accordance with the provisions of s.188 and s.188A Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”).[4]The claimant has raised a complaint as an individual (there being no relevant employee representatives) pursuant to section 189 of the Act seeking protective awards.[5]By email dated 14 September 2021 the respondents’ Administrators, with the agreement of some of the claimants, applied for a consent order with the effect of giving all claimants who had been employed by the respondent companies and who had brought protective award claims and who had consented to the terms proposed a protective award of 90 days.[6]In my judgment it was not appropriate to accede to the terms of the proposed consent order as it appeared that some of the employees worked in smaller establishments in respect of which it appeared there was unlikely to have been a proposal to make 20 or more employees redundant (see USDAW and anor v Ethel Austin Ltd and ors [2015] ICR 675.)[7]The proposed consent order also contained terms as to how the claims will rank in the Administration of the respondent companies which is not a matter which it is appropriate for the Tribunal to purport to rule on.[8]However, I am satisfied from information provided by the claimants to the Tribunal that Moorside Road, Swinton, was an establishment at which more than 20 people were proposed to be made redundant.[9]In the circumstances, I consider it appropriate to issue a Judgment for a 90- day protective award to Mr Cavens, who worked at that establishment and who has indicated his consent to the order proposed by the Administrators.