Mr C Gallagher and others v Howard Russell Construction Ltd (In Administration): 2501753/2023 and others
JUDGMENT
ON LIABILITY AND REMEDY Employment Tribunals Rules of Procedure 2013 – Rule 21 The Judgment of the Employment Tribunal is as follows:[1]The claimants’ claims under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) of a failure by the respondent to comply with the requirements of section 188 of the 1992 Act are well-founded.[2]The Tribunal orders the respondent, by way of a protective award under section 189(3) of the 1992 Act, to pay to the claimants a payment equivalent to remuneration for the period of 90 days beginning on 2 May 2023.[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to the protective award.REASONS
[1]The claimants made an application to the Employment Tribunal on 25 July 2023 claiming a protective award pursuant to section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) on the grounds that the respondent did not consult with the affected employees and that it proposed to make redundant 20 or more employees within a period of 30 days. The first dismissal took place on 2 May 2023.[2]The respondent was required to file a response by August 2023. 2023. The respondent has failed to file a response. The respondent entered into administration on 2 May 2023. The administrator wrote to the Tribunal on 25 August 2023 giving consent for these proceedings to continue.[3]There was no proper warning or consultation undertaken with a recognised trade union or the claimants. There was no consultation with the claimants on 2 May 2023. No employee representatives had been elected or appointed for any such consultation within section 188A of the 1992 Act.[4]In the circumstances, the respondent is in breach of the duty under section 188 of the 1992 Act and the Tribunal makes an award under section 189 in favour of the claimants for the maximum protected period of 90 days commencing on 2 May 2023.[5]The respondent is advised of the provisions of regulation 6 of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996, such that, within ten days of the decision in these proceedings being promulgated or as soon as is reasonably practicable, the respondent must comply with the provisions of regulation 6 of the 1996 Regulations and, in particular, must supply to the Secretary of State the following information in writing:a. The name, address and national insurance number of the claimant to whom the award relates; andb. The date of termination of the employment of the claimant.[6]The respondent will not be required to make any payment under the protective award until it has received a recoupment notice from the Secretary of State or notification that the Secretary of State does not intend to serve a recoupment notice having regard to the provisions of regulation 7(2). The Secretary of State must normally serve such recoupment notice or notification on the employer within 21 days of receipt of the required information from the respondent.[7]The above Judgement has been entered on the basis of the information provided by the claimant on the ET1 form. Employment Judge Arullendran Date: 27 September 2023 List of cases for 2500276 - Howard Russell Construction Limited (in administration) Case Number Claimant Name 2501753/2023 Mr Christopher Gallagher 2501762/2023 Mr Adam Lee Davison 2501763/2023 Mr Adam Michael Hughes 2501764/2023 Mr Alfred John Smith 2501765/2023 Mr Andrew Brian Todhunter 2501766/2023 Mr Antony Lee Phillips 2501767/2023 Mr Brian Wilsher 2501768/2023 Mr Christopher John Brown 2501769/2023 Mr Christopher Luke Gallagher 2501770/2023 Mr Christopher Watson 2501771/2023 Mr Clifford McMorn 2501772/2023 Mr Craig Middlemass 2501773/2023 Mr Daniel Mathew Appleby 2501774/2023 Mr David John Batey 2501775/2023 Mr David John Scrimgeour 2501776/2023 Mr David James Lever 2501777/2023 Mr Declan Mackenzie 2501778/2023 Mrs Diane Louise Tanti 2501779/2023 Mr Edward Peter Taylor 2501780/2023 Miss Hannah Elizabeth Roper 2501781/2023 Miss Hollie Megan Patterson 2501782/2023 Mr Ian Edward Shanley 2501783/2023 Mr Kevin Joyce 2501784/2023 Miss Kirsty Natasha Wood 2501785/2023 Mr Mark Lindsay 2501786/2023 Mr Matthew Keating 2501787/2023 Mr Matthew Frank Thomas 2501788/2023 Mr Max Alexander Digman 2501789/2023 Mr Michael William Callcott 2501790/2023 Mr Miles Henry McQueen 2501791/2023 Mrs Naomi Mary Halliburton 2501792/2023 Mr Paul Ernest Crossland 2501793/2023 Mr Shaun Richard Powell 2501794/2023 Miss Sophie Elizabeth Dunn 2501795/2023 Mr Thomas Peter Goodall