Mr J Bas and others v Wildgoose Construction Ltd (in Administration) and The Secretary of State for Business, Energy and Industrial Strategy: 2603271/2021 and Others
JUDGMENT
[1]The First Respondent has failed to consult with employee representatives contrary to sections 188 and 188A of the Trade Union & Labour Relations (Consolidation) Act 1992.[2]The First Respondent is ordered to pay remuneration to each of the claimants in the attached schedule for a protected period of 90 days beginning on 3 November 2021.REASONS
[1]The Claimants were all employed by the First Respondent. On 2nd November 2021 the First Respondent went into administration. The administrator of the First Respondent has given consent for these claims to proceed, in a letter dated 18 February 2022.[2]On 21st December 2021 claims for protective awards were issued in the Employment Tribunal following a period of Early Conciliation that started on 15 December 2021 and ended on 21 December 2021.[3]The First and Second Respondents both filed responses to the claims indicating they intended to defend the claims. Both indicated that they did not intend to submit any evidence or make submissions at a hearing.[4]The case was originally listed for a hearing on paper before me on 16 June 2022. On reviewing the papers, I was not satisfied that I had all of the information necessary to make a decision, and further information was requested of the parties. The Claimants’ solicitor has provided that additional information, for which I am grateful.[5]I also sought the consent of all parties to the claim being listed before an Employment Judge sitting alone, in accordance with section 4(3)(e) of the Employment Tribunals Act 1996. All parties have now provided their consent to the claims being heard by an