Mr E Harper and 25 others v BJS Yorkshire Ltd (in Creditors Voluntary Liquidation) and Secretary of State for Business, Energy and Industrial Strategy: 2600715/2019 and 25 others
REASONS
Although there is no obligation to give reasons for a rule 21 judgment, I [Employment Judge Camp, sitting in Nottingham] wanted very briefly to explain why I have decided to make a full 90 days protective award. The reason I have done this is that Susie Radin Ltd v GMB [1994] ICR 893 suggests a proper approach where, as here, there has been no consultation is to start with the maximum period of 90 days and reduce it only if there are mitigating circumstances justifying a reduction. No mitigating factors have been put forward by or on behalf of the first respondent and it has made clear it doesn’t intend actively to participate in the proceedings. EMPLOYMENT JUDGE CAMP 20th August 2019 Multiple Schedule Multiple: 4672 - Bjs Yorkshire Ltd Case Number Case Name 2600715/2019 Mr Edwin Harper -v- BJS Yorkshire Ltd & Others 2600716/2019 Miss Stephanie Errington -v- BJS Yorkshire Ltd & Others 2600717/2019 Mr Terry Raworth -v- BJS Yorkshire Ltd & Others 2600718/2019 Mr David Roberts -v- BJS Yorkshire Ltd & Others 2600719/2019 Mr Ian Smithhurst -v- BJS Yorkshire Ltd & Others 2600720/2019 Mr Kevin Armstrong -v- BJS Yorkshire Ltd & Others 2600721/2019 Mr Mark Bond -v- BJS Yorkshire Ltd & Others 2600722/2019 Mr Andrew Throup -v- BJS Yorkshire Ltd & Others 2600723/2019 Mr Thomas Jackson -v- BJS Yorkshire Ltd & Others 2600724/2019 Mr Anthony Baines -v- BJS Yorkshire Ltd & Others 2600725/2019 Mr Tony Walker -v- BJS Yorkshire Ltd & Others 2600726/2019 Mr Ricky Wood -v- BJS Yorkshire Ltd & Others 2600727/2019 Miss Kirstie Epton -v- BJS Yorkshire Ltd & Others 2600728/2019 Mr Darren Hutchinson -v- BJS Yorkshire Ltd & Others 2600729/2019 Mr Ryan Calvert -v- BJS Yorkshire Ltd & Others 2600730/2019 Mr Marc Richardson -v- BJS Yorkshire Ltd & Others 2600731/2019 Mr Brian Askew -v- BJS Yorkshire Ltd & Others 2600732/2019 Mr Charles Rutherford -v- BJS Yorkshire Ltd & Others 2600733/2019 Mr Carl Huxtable -v- BJS Yorkshire Ltd & Others 2600734/2019 Mr Raymond Massey -v- BJS Yorkshire Ltd & Others 2600735/2019 Miss Keeley Peart -v- BJS Yorkshire Ltd & Others 2600736/2019 Mr Robert Barton -v- BJS Yorkshire Ltd & Others 2600737/2019 Mr Robert Woodward -v- BJS Yorkshire Ltd & Others 2600738/2019 Mr Paul Campbell -v- BJS Yorkshire Ltd & Others 2600739/2019 Mrs Susan Morris -v- BJS Yorkshire Ltd & Others 2600740/2019 Mr Mark Rimmer -v- BJS Yorkshire Ltd & Others JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21[1]This Judgment is issued further to the Rule 21 Judgment in the claimants’ favour and case management order signed by the Employment Judge on 20 August 2019 and sent to the parties on 31 August 2019.[2]The precise amount of the protective award that the first respondent – BJS Yorkshire Ltd (in Creditors Voluntary Liquidation) – must pay the claimant Mr E Harper is £8450, which is 90 days’ pay, equivalent to 13 weeks’ pay at £650 per week. It is noted that although there is a ‘cap’ on the amount potentially recoverable from the second respondent – the Secretary of State – there is no cap on the award against the first respondent.