Mr S Wilson and others v Vaughan Engineering Ltd (In Administration): 2501545/2018 and others
REASONS
[1]Sections 188 (1) and (1A) of the Act provides 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. Section 189,says where an employer has failed to comply with a such a requirement a complaint may be presented to an employment tribunal 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[2]The respondent’s administrators have consented to the continuation of the proceedings and said they will not be entering a response The claim Is 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 period for a protective award TM Garnon Employment Judge Date signed 17th September 2018. Case Numbers 2501545/18 and 12 others shown on the attached Schedule 20 September 2018 G Palmer FOR THE TRIBUNAL Case Number Case Name 2501545/2018 Mr Stephen Wilson -v- Vaughan Engineering Limited ? In Administration 2501546/2018 Mr Roland Boughen -v- Vaughan Engineering Limited ? In Administration 2501547/2018 Mr Stephen Wilson -v- Vaughan Engineering Limited ? In Administration 2501548/2018 Mr David Elliott -v- Vaughan Engineering Limited ? In Administration 2501549/2018 Mr Gordon Coupar -v- Vaughan Engineering Limited ? In Administration 2501550/2018 Mr Kane Thompson -v- Vaughan Engineering Limited ? In Administration 2501551/2018 Mr Mark Henry -v- Vaughan Engineering Limited ? In Administration 2501552/2018 Mr Shaun Hawkins -v- Vaughan Engineering Limited ? In Administration 2501553/2018 Mr John McGuinness -v- Vaughan Engineering Limited ? In Administration 2501554/2018 Mr Adam Brown -v- Vaughan Engineering Limited ? In Administration 2501555/2018 Mr William Ames -v- Vaughan Engineering Limited ? In Administration 2501556/2018 Mr Grant Taylor-Kane -v- Vaughan Engineering Limited ? In Administration 2501557/2018 Unite The Union -v- Vaughan Engineering Limited ? In Administration Printed On: 20-Sep-2018 14:56 By: Mr G Palmer CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Judgment sent to the parties on 20 September 2018, is corrected as set out in block type in the schedule of claimants. Employment Judge Garnon Date 4 December 2018 Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing. Case Number Case Name 10.15 Certificate of Correction – rule 69 March 2017 Case No: 2501545/2018 & others 2501545/2018 Mr Stephen Wilson -v- Vaughan Engineering Limited ? In Administration 2501546/2018 Mr Roland Boughen -v- Vaughan Engineering Limited ? In Administration 2501547/2018 Mr Stephen Wilson -v- Vaughan Engineering Limited ? In Administration 2501548/2018 Mr David Elliott -v- Vaughan Engineering Limited ? In Administration 2501549/2018 Mr Gordon Coupar -v- Vaughan Engineering Limited ? In Administration 2501550/2018 Mr Kane Thompson -v- Vaughan Engineering Limited ? In Administration 2501551/2018 Mr Mark Henry -v- Vaughan Engineering Limited ? In Administration 2501552/2018 Mr Shaun Hawkins -v- Vaughan Engineering Limited ? In Administration 2501553/2018 Mr John McGuinness -v- Vaughan Engineering Limited ? In Administration 2501554/2018 Mr Adam Brown -v- Vaughan Engineering Limited ? In Administration 2501555/2018 Mr David William Ames -v- Vaughan Engineering Limited ? In Administration 2501556/2018 Mr Grant Taylor-Kane -v- Vaughan Engineering Limited ? In Administration 2501557/2018 Unite The Union -v- Vaughan Engineering Limited ? In Administration 10.15 Certificate of Correction – rule 69 March 2017