Mr J Densham v Almor Ltd (In Administration) and Secretary of State for Business Energy and Industrial Strategy: 2602279/2022

EMPLOYMENT TRIBUNALS

Case No 2602279/2022

Between

Mr J DenshamClaimant

Almor Ltd (In Administration) and Secretary of State for Business Energy and Industrial StrategyRespondent

Before

Employment Judge Millns

Date 29 June 2023

JUDGMENT

The first Respondent failed to submit a Response to the claims and the administrator has given consent for them to proceed. Upon hearing evidence from the Claimant and on the information before me including written submissions made by the second Respondent

[1]The Claimant’s claim for unpaid notice pay is dismissed upon withdrawal by the Claimant.

[2]The Claimant’s claim for unpaid holiday pay is dismissed.

[3]The Claimant worked at a single establishment at which there was no recognised trade union.

[4]The first Respondent failed to organise the election of employee representatives and to consult with them in accordance with sections 188 and 188A of Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”).

[5]Accordingly, the Claimant’s complaint pursuant to TULRCA section 189 is well founded and succeeds.

[6]By way of a protective award under section 189(3) of the 1992 Act, the first Respondent must pay to the claimant a payment equivalent to remuneration for the period of 90 days beginning on 11 July 2022.

[7]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to this award.