Mr D Palmer and others v Nationwide Accident Repair Services Ltd (in administration) and others: 2418534/2020 and others
JUDGMENT
In circumstances where:(1) Under Rule 64 Employment Tribunal Rules of Procedure 2013 the claimant and first respondent consent to the disposal of the claim on the terms set out;(2) the third respondent is joined in the proceedings as statutory guarantor only;(3) the third respondent has been served with the claim, the response and the proposed terms of disposal and has provided a response stating that it neither supports nor resists the claims. The Judgment of the Employment Tribunal is:[1]The Claimants in the attached Schedule 1 to this judgment were employed by the Respondent.[2]On 3rd September 2020, Rachael Wilkinson and Rob Lewis were appointed Joint Administrators of the Respondent.[3]On 4th September 2020, the Claimants were dismissed by the Respondent by reason of redundancy.[4]The Respondent did not fully inform and consult with the Claimants in accordance with the provisions of s.188 and s.188A of The Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”).[5]The Claimants have each raised complaints pursuant to section 189 of the Act seeking protective awards in respect of that failure.[6]The Tribunal makes a protective award in favour of the employees listed in the Schedule attached to this judgment and orders the Respondent to pay remuneration for a protected period of 56 days beginning on each Claimant’s redundancy date.[7]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.[8]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award. Note The Tribunal has no power to include an order as to the status within the insolvency process of any amounts of the protective award which remain unpaid by the Redundancy Payments Service.