Mr C Anderson v Boyd and Co (Metal Workers) Ltd in Administration: 2500107/2019

EMPLOYMENT TRIBUNALS

Case No 2500107/2019

Between

Mr C AndersonClaimant

Boyd and Co (Metal Workers) Limited (03172103) in AdministrationRespondent

Before

Employment Judge Shepherd

Mr Shevlin for claimant

No appearance for respondent

Date 21 May 2019

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21

[1]The claimant’s complaint that the respondent failed to comply with the requirements of Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 succeeds.

[2]The respondent is ordered to pay remuneration, calculated in accordance with section 190 of the Trade Union and Labour Relations (Consolidation) Act 1992, to all employees of the respondent dismissed on 10 September 2018.

[3]The protected period is 90 days from 10 September 2018.

[4]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply. Regulation 6 imposes on the Respondent a duty to provide information to the Secretary of State. Regulation 7 postpones this award in order to enable the Secretary of State to serve a recoupment notice under Regulation 8. The full effect of Regulation 6, 7 and 8 is set out in the annex to this judgment.

REASONS

[1]By a claim presented to the Tribunal on 18 January 2019 the claimant brought a claim for a protective award pursuant to section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. 1 of 4

[2]No response has been received. The Administrators have provided consent to the claim being pursued. They have also confirmed that more than 20 employees were made redundant at the same establishment.

[3]I am satisfied that the claim succeeds and there are no mitigating circumstances and, in accordance with the decision in Susie Radin Ltd v GMB and others

[2004] IRLR 400

, a protective award of 90 days from 10 September 2018 is made.