Mr C Vardy v Peak Toolmakers UK Ltd and Secretary of state for Business Innovation and Skills: 2601284/2016
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim of failure to consult by the first Respondent pursuant to s188 of the Trade Union & Labour Relations (Consolidation) Act 1992 succeeds. The first Respondent having completely failed to consult, and in particular in relation to the Claimant to comply with s189 (1), pursuant to s189 (4) the first Respondent is ordered to pay the Claimant remuneration for the protected period of 90 days beginning on 1st February 2016. The amount accordingly ordered payable by the first Respondent is as setout in the e-mail of the Claimant’s solicitors dated 11 April 2017, namely £10,529.10.[2]All other claims are dismissed upon withdrawal. This does not effect the Claimant’s entitlement to now make application for payment, subject to the statutory cap, from the second Respondent pursuant to s184 of the Employment Rights Act 1996.[3]The first Respondent is ordered to pay costs to the claimant under Rule 75(1) (b) in the sum of £250 in respect of the issue fee paid by the Claimant in these proceedings.