Ms A Walker and others v John Preston Pool and Spa Services Ltd (In compulsory liquidation) and others: 2423622/2017 and others

EMPLOYMENT TRIBUNALS

Case No 2423622/2017

Between

Ms A Walker and othersClaimant

John Preston Pool and Spa Services Ltd (In compulsory liquidation) and othersRespondent

Before

Employment Judge Howard

In person for claimant

Not in Attendance for respondent

Date 13 March 2019

JUDGMENT

The judgment of the Tribunal is that; The claimants’ claims for arrears of pay, holiday pay and the third claimant, Miss Dale’s claim for unfair dismissal against the second respondent are dismissed. The first and second claimants’ claims are amended to include a claim for a protective award pursuant to S188 & S189 Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULCRA’) and Sections 182 – 186 Employment Rights Act 1996 against the first and second respondents. The claims against the first respondent for arrears of pay, holiday pay and for a protective award and against the second respondent for a protective award are stayed for 21 days. Case Nos. 2423622/17, 2424024/17 & 2424665/17 2 Employment Judge Howard Date 6h March 2018 JUDGMENT SENT TO THE PARTIES ON 20 March 2018 FOR THE TRIBUNAL OFFICE Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No: 2423622/17 2424024/17 EMPLOYMENT TRIBUNALS Claimants: Ms A Walker and Mr D Norris Respondents:(1) John Preston Pool and Spa Services Ltd (in compulsory liquidation)

(2) Secretary of State for Business, Energy & Industrial Heard at: Manchester On: 29 November 2018 Before: Employment Judge Porter Representation Claimants: In person Respondents: Not in Attendance JUDGMENT The judgment of the Tribunal is that :-

[1]the complaint that the first respondent failed to comply with a requirement of s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well-founded; and

[2]in the case of each claimant there shall be a protective award paid in respect of the protected period as defined by s.189(4) of the Act and which shall in respect of each claimant be the period of 90 days commencing on 11 August 2017, the date of the first dismissal.