Mr Alan Cairns v Roalco Ltd (In Administration): 3202390/2019

EMPLOYMENT TRIBUNALS
Case No 3202390/2019
Between
Mr Alan CairnsClaimantRoalco Ltd (In Administration) DEFAULT JUDGMENT 1 The Claimant brings a claim that the Respondent has failed to inform and consult in respect of collective redundancies contrary to section 188 of the Trade Union & Labour Relations (Consolidation Act) 1992. He claims a declaration and protective award pursuant to that Act. 2 The Respondent has failed to enter a response to the Claimant’s claims and pursuant to rule 21 of the Employment Tribunal Rules of Procedure 2013 judgment is issued in his favour in respect of the Respondent failing to consult in respect of collective redundancies. 3 On 20 April 2020, Mr Irvin Cohen of Begbies Traynor, Insolvency Administrator consented to the Claimant making a claim against the Respondent to be settled by the National Insurance Fund. 4 The Claimant was employed by the Respondent and is entitled to a declaration that the Respondent failed to inform or consult him in respect of the over 20 redundancies that took place where he worked within a period of 90 days. He is entitled to a protective award. Amount of protective award period.Respondent
Before
Employment Judge Burgher DateDate 28 July 2020

JUDGMENT

[1]The Claimant brings a claim that the Respondent has failed to inform and consult in respect of collective redundancies contrary to section 188 of the Trade Union & Labour Relations (Consolidation Act) 1992. He claims a declaration and protective award pursuant to that Act.[2]The Respondent has failed to enter a response to the Claimant’s claims and pursuant to rule 21 of the Employment Tribunal Rules of Procedure 2013 judgment is issued in his favour in respect of the Respondent failing to consult in respect of collective redundancies.[3]On 20 April 2020, Mr Irvin Cohen of Begbies Traynor, Insolvency Administrator consented to the Claimant making a claim against the Respondent to be settled by the National Insurance Fund.[4]The Claimant was employed by the Respondent and is entitled to a declaration that the Respondent failed to inform or consult him in respect of the over 20 redundancies that took place where he worked within a period of 90 days. He is entitled to a protective award. Amount of protective award period.[5]The has been no reason advanced to mitigate the 90 day protective award period. The Tribunal considers that it is just and equitable to award the maximum period of 90 days.[6]The protected period beings on 19 July 2019 and is for a 90 day period.