Mr D Downes and others v Calberto Ltd (in Creditors’ Voluntary Liquidation): 2500799/2018 and others

EMPLOYMENT TRIBUNALS

Case No 2500799/2018

Between

Mr D Downes and othersClaimant

Calberto Ltd (in Creditors’ Voluntary Liquidation)Respondent

Before

Employment Judge Garnon

Date 29 June 2018

REASONS

[1]Sections 188 (1) and (1A) of the Trade Union and Labour Relations ( Consolidation ) Act 1992 as amended(the Act ) provides that where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, the employer shall consult about the dismissals all the persons who are appropriate representatives of any of the employees who may be affected by the proposed dismissals or by measures taken in connection with those dismissals.

[2]Section 189 , so far as material ,says where an employer has failed to comply with a requirement of section 188 and there was no recognised union ,elected or other representatives a complaint may be presented to an employment tribunal by any of the affected employees or by any of the employees who have been dismissed as redundant. Such claimants cannot bring claims on behalf of others so dismissed

[3]If the tribunal finds the complaint well-founded it shall make a declaration to that effect and may make a protective award. In the absence of reasons to make one for a shorter period , Susie Radin Ltd-v-GMB held the award should be for 90 days

[4]The claim of Mr Averre and the 17 others shown on the Schedule , all of whom are represented by Griffin Legal LLP, and the claim of Mr Downes who is not represented, were served on 3rd May 2018 . A response was due by 31st May 2018 . One was received which indicated the claim was not contested . I am required by rule 21 of the Employment Tribunals Rules of Procedure 2013 to decide on the available material whether a determination can be made and , if so, obliged to issue a judgment which may determine liability only or liability and remedy. I have in the claim form sufficient information to enable me to find the claims proved on a balance of probability and to determine the sums to be awarded, other than Mr Downes claim of unfair dismissal.

[5]I shall therefore issue a judgment in all claimants favour under rule 21 on all claims other than Mr Downes claim of unfair dismissal which may be discussed when he attends on 28th June 2018 . TM Garnon Employment Judge Date signed 25th June 2018. Multiple Schedule Case Number Case Name 2500802/2018 Mr Michael Averre -v- Calberto Limited 2500803/2018 Mr Gary Buckley -v- Calberto Limited 2500804/2018 Mr Martin Buckley -v- Calberto Limited 2500805/2018 Mr Andrew Calvert -v- Calberto Limited 2500806/2018 Miss Doris Clark -v- Calberto Limited 2500807/2018 Mr Jack Cummings -v- Calberto Limited 2500808/2018 Mr Steven Diss -v- Calberto Limited 2500809/2018 Mr Rodney Dodd -v- Calberto Limited 2500810/2018 Mr Anthony Harding -v- Calberto Limited 2500811/2018 Miss Laura Grievson -v- Calberto Limited 2500812/2018 Mr Jonathan Ilderton -v- Calberto Limited 2500813/2018 Mr Mark Lyall -v- Calberto Limited 2500814/2018 Mr Gary Marshall -v- Calberto Limited 2500815/2018 Mrs Caroline McIntosh -v- Calberto Limited 2500816/2018 Mr John Mills -v- Calberto Limited 2500817/2018 Mr Simon O'Connor -v- Calberto Limited 2500818/2018 Mr Andrew Penny -v- Calberto Limited 2500819/2018 Mr Nicholas Thompson -v- Calberto Limited