Mr D Coates-Lilywhite and others v Roseville (Projects) Ltd (in Creditors’ Voluntary Liquidation) and Secretary of State for Business, Energy and Industrial Strategy: 3204490/2021
JUDGMENT
This has been a remote hearing (by video/CVP), which has not been objected to by the parties. A face-to-face hearing was not held because all issues could be determined in a remote hearing. The judgment of the Tribunal is that: -[1]the effective date of termination for all 36 Claimants identified in the Schedule to this Judgment was 26 February 2021, when they were summarily dismissed for redundancy;[2]the First Respondent failed to comply with its obligations under s.188, read together with s.188A, Trade Union & Labour Relations (Consolidation) Act 1992 in relation to its duty to consult with employees/employee representatives about redundancy;[3]the Claimants are entitled to a protective award;[4]there are no mitigating circumstances, such as to justify a reduction of the award;[5]the First Respondent shall pay to the Claimants remuneration for the protected period of 90 days: 26 February 2021 to 27 May 2021. Employment Judge Massarella Date: 1 June 2022 SCHEDULE: THE CLAIMANTS First Name Surname Darren Coates-Lillywhite Dave Gotz Darren Wade Maksym Frej Shelley Boulter Martin Terry White Abbey Dell David Adrien Veselin Ranchev Radoslaw Milosz Pawel Swidrak Alistair Weeks Pawel Kurpias Alin Adi Vrabie Artur Skowronek Plamen Petrov Ion Fonari Marius Serban Valdemaras Dirgela Michael Davidson Danica Wells Robert Cezar Ianache Alison White Martin Petrov Bartosz Scislowski Georgi Georgriev Leslie Williams Marek Piecuch Marcin Janas Nicola Withers Gramoz Barci Dariusz Jaronski Tomasz Pyszka Dariusz Kropiewnicki John O'Connor Rupert Pinnock