Ms G Grimbley and Miss C Treacy v STA Travel Ltd (in Creditors Voluntary liquidation): 2603282/2020 and 2603288/2020
JUDGMENT
Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 – Rule 21[1]No response having been presented as per the claims the Respondent has failed to comply with the requirements of Section 188 Trade Union & Labour Relations (Consolidation) Act 1992 and therefore the Tribunal makes a declaration that there was a wholesale breach of the provisions of that section.[2]The Tribunal accordingly makes a protective award in respect of all salaried staff employed by the Respondent, including the Claimants who were employed at the Leicester branch, as at 2 September 2020 and whose employment terminated by reason of redundancy commencing on that day.[3]The protected period is a period of 90 days commencing on 2 September 2020. 2[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 may apply to this award.REASONS
[1]Although there is no obligation to give reasons for a rule 21 judgment I wanted very briefly to explain why I have decided to make a full 90 days protective award. The reason I have done this is that Susie Radin Ltd v GMB [1994] ICR 893 suggests a proper approach where, as here, there has been no consultation is to start with the maximum period of 90 days and reduce it only if there are mitigating circumstances justifying a reduction. No mitigating factors have been put forward by or on behalf of the First Respondent.[2]Second, it has also not sought to argue that all its salaried employees, and in particular those such as the Claimants working at its travel agency branches, were not part of a single establishment so as to be entitled to a protective award.