Miss V Chiswell and others v Debenhams Retail Ltd (in Administration): 2601804/2020
JUDGMENT
[1]The claimants listed in the attached schedule to this Judgment (the “Claimants”) were all employed by the First Respondent at their Leicester, St Peters Lane store.[2]On 9 April 2020, the First Respondent entered administration and Geoffrey Paul Rowley and Alastair Rex Massey (both of FRP Advisory, 2nd Floor, 110 Cannon Street, London, EC4N 6EU) were appointed as joint administrators (“Joint Administrators”).[3]The Claimants were dismissed by the First Respondent by reason of redundancy on or after 31 May 2020.[4]The Claimants raised a complaint pursuant to section 189 of The Trade Union and Labour Relations (Consolidation) Act 1992 (the “Act”) and are seeking a protective award in respect of failure to consult in accordance with s.188 and s.188A of the Act.[5]The Claimants were all assigned to an establishment where 20 or more redundancies were proposed by their employer within a period of 90 days. The First Respondent did not fully inform and consult with the Claimants in accordance with the provisions of s.188 and s.188A of the Act.[6]The protected period should be 56 days from the date of the first dismissed (31 May 2020)[7]The Protective Award Payments will rank as unsecured claims in the insolvency of the First Respondent but some of the Protective Award Payments may be wholly recoverable from the Redundancy Payments Service.[8]There is no order requiring any party to pay or reimburse another party’s costs or fees. Each party shall bear their own costs and fees.[9]For the avoidance of doubt, this Judgment applies to the listed Claimants only.[10]To the extent that the claim forms may have intimated any other claims they will stand dismissed automatically 14 days after the date of this order UNLESS the claimant writes in specifying any outstanding claim and providing administrator consent in respect thereof within that timeframe. Employment Judge Broughton Date: 17 November 2022 Annex Title First name Surname Case Number Miss Verity Chiswell 2601804/2020 Ms Kuly Baynz 2601823/2020 Mrs Tammy Clayton 2601828/2020 Mrs Linda Lines 2601838/2020 Mrs Nicola Smith 2601840/2020 Miss Kayleigh Shuttleworth 2601860/2020 Miss Jodie Walton 2601862/2020 Miss Katarzyna Kugielewicz 2601864/2020 Mrs Hafsa Ikram 2601874/2020 Mrs Vicki Naish 2601990/2020 Miss Sandra Rawle 2602005/2020 Miss Natalie Gabb 2602483/2020 Miss Zoe Griffith 2602484/2020 Mrs Ramila Rajput 2602526/2020 Mr Nigel Ward 2602583/2020 Mrs Indumati Champaneri 2602586/2020 Mr Paul Thomas Atkinson 2602866/2020 Mrs Krishna Lodhia 2603173/2020 Miss Claire Spencer 2603174/2020 Mr Stephen Smethurst 2603202/2020 Mr Raj Patel 2603243/2020