Mr D Adair and Others v Henderson Site Services Ltd (in administration) and The Secretary of State for Business Energy and Industrial Strategy: 2500638/2023 and Others (See attached schedule)
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 UPON reading the joint application submitted on behalf of:[1]The claimants named in Schedule 1 (the Claimants); and[2]The First Respondent. By consent of the Claimants and the First Respondent, the Judgment of the Employment Tribunal made under Rule 64 of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 13 is that:[1]Prior to the Company entering administration, Henderson Site Services Limited failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 (TULRCA) and the Claimants claim for a protective award brought under section 189 of TULRCA succeeds.[2]The Tribunal makes a protective award in respect of the Claimants of 90 days ("the Protective Award") beginning on 16.01.2023 (that being the date on which the first of the dismissals to which the complaint related took effect). The Recoupment Regulations apply.[3]The Claimants understand that the First Respondent does not have funds with which to pay unsecured debts and that any compensation payable recoverable is likely to be limited to that payable by the Redundancy Payments Service.[4]The Claimants confirm that no application is made for recovery of costs under rules 74-84 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 against the First Respondent. Employment Judge Loy Date: 15 January 2024 SCHEDULE 1 Case No: Claimant 2500638/2023 Mr David Adair 2500639/2023 Mr Iain Ashman 2500640/2023 Mr John Bell 2500641/2023 Mr Bryan Clark 2500642/2023 Mr Mark Farrier 2500643/2023 Mr Brian Gibson 2500644/2023 Mr Andrew Gillis 2500645/2023 Mr James Henderson 2500646/2023 Mr Ethon Jackson 2500647/2023 Mr Daniel Jobling 2500648/2023 Mr Owen Jobson 2500649/2023 Mr Iain Johnston 2500650/2023 Mr Damon Martin 2500651/2023 Mr Joshua Nelson 2500652/2023 Mr Steven Nesbitt 2500653/2023 Mr David Pace 2500654/2023 Mr Carl Pickerell 2500655/2023 Mr Adam Ritchie 2500656/2023 Mr Dale Smith 2500657/2023 Mr Jack Smith 2500658/2023 Mr Steven Smith 2500659/2023 Mr Steven Turner 2500660/2023 Mrs Danielle Watson 2500661/2023 Mr Alan Wilson 2500737/2023 Ms Elizabeth Leightell 2500785/2023 Mr Dale Smith 2500808/2023 David Richard Gray 2500829/2023 Mr David Hildrew 2500830/2023 Mr James King 2500832/2023 Mr Kevin Dodds