Mr I Idris and others v Empire Cinemas Ltd (in Administration): 3201484/2023 and others

EMPLOYMENT TRIBUNALS
Case No 3201484/2023
Between
Mr I Idris and othersClaimantEmpire Cinemas Ltd (in Administration)Respondent
Before
Employment Judge Housego
Members
Ms S HarwoodDr L RylahAll represented by Ibrahim Idris for claimantNone for respondentDate 21 August 2024

JUDGMENT

[1]The Respondent did not consult with the Claimants about their redundancy.[2]The Respondent is ordered to pay the employees who worked at the Walthamstow branch of the Respondent a protective award (S188 of the Trade Union and Labour Relations (Consolidation) Act 1988).[3]The award to each employee is 90 day’s pay.

REASONS

[1]On 07 July 2023 Empire Cinemas Ltd went into administration.[2]The administrators were, and are, BDO LLP of 55 Baker Street London W1U 7EU.[3]Mr Idris and the other claimants all worked at the Walthamstow cinema.[4]On 06 July 2023 Mr Idris’s line manager asked him to arrange for all staff to attend the Walthamstow cinema the following day. He was not told what the meeting was to be about, and he did not know before he was told, along with everyone else, at the meeting. He arranged this and most of them attended on 07 July 2023.[5]The administrators attended the Walthamstow cinema on 07 July 2023. They told the staff that they were all dismissed with immediate effect. The cinema had opened on 6 July 2023 but was closed permanently on 07 July 2023. The administrators later asked Mr Idris and Megan Ward to stay on one more week to oversee the practicalities of the closure of the cinema and they did so.[6]The Claimants seek a protective award by reason of the lack of consultation.[7]Although it was known by the staff that there was a discussion between the company and administrators, this was in the context of a recovery plan. At no time before 07 July 2023 was the closure of the Walthamstow cinema discussed with the staff who worked there.[8]More than 20 staff worked there. There are 23 claimants, and there were others who did not put in individual claims.[9]In these circumstances the claimants, and all the other employees of the Respondent who worked at the Walthamstow branch are entitled to a protective award.[10]The maximum is 90 days’ pay.[11]The Tribunal has taken account of the guidance in paragraph 24 of Radin Ltd v GMB & Ors [2004] EWCA Civ 180 and in London Borough of Barnet v Unison & Anor (Redundancy : Collective consultation and information) [2013] UKEAT 0191_13_1912.[12]There was no consultation at all, and the employees were all dismissed with immediate effect (that Mr Idris and Ms Ward later agreed to stay on a week is not relevant). In these circumstances the only possible award is the maximum of 90 days’ pay for each employee, and the Tribunal so orders.[13]Those entitled to the awards may be able to agree the amount of their individual protective awards. Most of them worked variable shifts at an hourly rate. If they cannot get agreement as to the amount of their protective award the Tribunal will decide that question, and a 1-day hearing will be organised to consider this. The Tribunal will cancel that hearing 7 days before it is due to take place unless one or more of those entitled to the award ask for it to continue. That hearing is listed for 12 December 2024.[14]Each claimant (or other person entitled who has not been able to agree the amount of the protective award in their individual case is to file a calculation of their 90 days’ pay, with detail of the hourly rate and hours per day worked, and days per week, so giving the number of hours in 90 days of work immediately before 07 July 2023. Multiplying that number by the hourly rate will give the protective award.[15]The schedule attached lists the Claimants. Employment Judge Housego Dated: 21 August 2024 Schedule of Claimants Janita Afzal Michael Alexio Husam Aziz Francesca Birkett Joshua Correa Taylor Dockrell Corey Edwards Ozan Erhalac Ibrahim Idris Asma Iqbal Wayne Jones Margaret Keenan Dilan Kerimoglu Amina Khatun Benjamin Knight Davina Mathurin Maria Mehmood Stefan Mihailiuc Anisah Qaiyum Vikash Tailor Phillip Thornhill Megan Ward Victoria Woods