Mr Dean Carr and Others v L S Doors Realisations Ltd (In Administration) and Others: 2600963/2016
JUDGMENT
BY CONSENT THE parties are referred to within this Judgement collectively as “the Parties” and individually as follows: Mr Dean Carr & Others (save for Unite the Union) – “Carr Claimants” Unite the Union – “Unite” Mr Adam Beecroft & Others – “Beecroft Claimants” Mr Lukasz Budka & Others – “Budka Claimants” Mr Alex Jacks & Others – “Jacks Claimants” (Collectively, “the Claimants”) LS Doors Realisations Limited – “LS Doors” Integrated Doorset Solutions Limited – “IDSL” UK Fire Doors Limited – “UFDL” L Interiors Realisations Limited – “L Interiors” Secretary of State for Business Innovation and Skills – “Secretary of State” (Collectively “the Respondents”) UPON the Parties having agreed to the terms set out in the attached Schedule 1, the Judgment of the Employment Tribunal is that: Union Recognition[1]The Parties agree that Unite was recognised by LS Doors for the purpose of collective bargaining under section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULR(C)A”) in respect of the following bargaining unit: “manufacturing operatives based at Langley Mill”; including specifically the Claimants listed at Schedule 2. The Claimants listed at Schedule 2 have brought claims relying both on section 189(1)(a) and 189(1)(c) of TULR(C)A. The Claimants listed at Schedules 3 and 4 have brought claims pursuant to section 189(1)(a) of TULR(C)A.[2]The Parties agree that no other trade union was recognised by LS Doors, or L Interiors. The protective award claims 2. In respect of the claims against LS Doors, the Parties agree that:2.1 Pursuant to section 189(1)(c) TULRCA Unite is the only entity with the right to bring claims for a protective award in respect of the Claimants formerly employed by LS Doors as manufacturing operatives based at Langley Mill, listed at Schedule 2. The Claimants at Schedule 2 therefore withdraw their protective award claims in their individual capacities, brought pursuant to section 189(1)(a) TULRCA.2.2 The Claimants listed at Schedule 3 have correctly brought their claims pursuant to section 189(1)(a) TULRCA.2.3 LS Doors failed to comply with all requirements of section 188 TULR(C)A, as detailed in Schedule 1. In accordance with section 189(2) of TULR(C)A, the Tribunal therefore makes a declaration that the complaints are well founded and the Tribunal also makes a protective award.2.4 The protective award made pursuant to section 189(2) TULRCA shall, for the purposes of section 189(3) TULR(C)A, be made in respect of the following descriptions of employees:2.4.1 Manufacturing operatives based at Langley Mill (Nottingham) who were dismissed as redundant from and including 30 December 2015 and who are listed at Schedule 2;2.4.2 All other employees based at Langley Mill (Nottingham) who were dismissed as redundant from and including 30 December 2015 and who are listed at Schedule 3;2.4.3 All employees based at Mansfield who were dismissed as redundant from and including 30 December 2015 and who are listed at Schedule 3; and2.4.4 All employees based at Barnstaple, Gateshead and Willenhall (which constituted one establishment) who were dismissed as redundant from and including 30 December 2015 and who are listed at Schedule 3.2.5 For the purposes of section 189(4)(a) TULR(C)A, the protected period began on 30 December 2015, which was the date on which the first of the dismissals to which the complaint related took effect;2.6 For the purposes of section 189(4)(b) TULR(C)A, the Tribunal determines that the length of the protected period is 56 days (8 weeks).2.7 Pursuant to section 190 TULR(C)A, LS Doors is ordered to pay a protective award of days’ (8 weeks’) gross pay to the Claimants listed at Schedules 2 and 3.[3]In respect of the claims against L Interiors, the Parties agree that, pursuant to section 189 TULR(C)A:3.1 The Claimants listed at Schedule 4 have correctly brought their claims pursuant to section 189(1)(a) TULRCA.3.2 L Interiors failed to comply with all requirements of section 188 TULR(C)A, as detailed in Schedule 1. In accordance with section 189(2) of TULR(C)A, the Tribunal therefore makes a declaration that the complaints are well founded and the Tribunal also makes a protective award.3.3 The protective award made pursuant to section 189(2) TULRCA shall, for the purposes of section 189(3) TULR(C)A, be made in respect of the following descriptions of employees: all employees employed by L Interiors and dismissed as redundant from and including 30 December 2015 and who are listed at Schedule 4.3.4 For the purposes of section 189(4)(a) TULR(C)A, the protected period began on 30 December 2015, which was the date on which the first of the dismissals to which the complaint related took effect;3.5 For the purposes of section 189(4)(b) TULR(C)A, the Tribunal determines that the length of the protected period is 35 days (5 weeks).3.6 Pursuant to section 190 TULR(C)A, LS Doors is ordered to pay a protective award of weeks’ gross pay to the Claimants listed at Schedule 4.[4]For the avoidance of doubt the award relates solely to those employees listed at Schedules 2, 3 and 4. Other claims[5]In respect of all claims against LS Doors and L Interiors, all claims (save for the protective award claims above) are hereby dismissed upon withdrawal. For the avoidance of doubt, this includes (but is not limited to) claims in relation to:5.1 Unfair dismissal;5.2 the Transfer of Undertakings (Protection of Employment) Regulations 2006;5.3 Redundancy payment;5.4 Notice pay;5.5 Holiday pay;5.6 Arrears of pay;5.7 Breach of contract;5.8 Other payments.[6]All claims against IDSL, UFDL and the Secretary of State are dismissed upon withdrawal. Costs[7]There shall be no order requiring any party to pay or reimburse another party’s costs or for the Respondents to reimburse any of the Claimants’ fees. However, nothing within this Order shall prevent any Claimant from applying to the Ministry of Justice for repayment of any Employment Tribunal fees paid. ………………………………….