Mr D Leach v John Anthony Signs Ltd (in creditors voluntary liquidation): 3205550/2021

EMPLOYMENT TRIBUNALS

Case No 3205550/2021

Between

Mr D LeachClaimant

John Anthony Signs Ltd (in creditors voluntary liquidation)Respondent

Before

Employment Judge Russell

Not represented for claimant

Not represented for respondent

Date 17 February 2022

JUDGMENT

[1]The effective date of termination was 14 May 2021.

[2]The Respondent failed to comply with its obligations under ss.188 & 188a Trade Union and Labour Relations (Consolidation) Act 1992 in relation to the duty to consult employee representatives.

[3]It is just and equitable that the Respondent pay the Claimant remuneration for the protected period of 90 days, namely from 14 May 2021 to 12 August 2021.

[4]The Respondent is ordered to pay the Claimant the sum of £6975.00 (90 X daily rate of £77.50).

REASONS

[1]By a claim form presented on 21 August 2021, the Claimant brought a claim for a protective award following his dismissal on 14 May 2021 when the Respondent went into liquidation. Over 20 employees were made redundant and there was no collective consultation undertaken. There has been no Response filed but a letter from the liquidator confirms that the Respondent was advised to cease trading with immediate effect on 14 May 2021 as it was insolvent. Case Number: 3205550/2021

[2]In other claims, 3204717/2021, 3204719/2021, 3204775/2021, 324486/2021 and 3204692/2021 which arose out of exactly the same facts, Employment Judge Barrowclough ordered that there be a 90 day protected period from 14 May 2021 to 12 August 2021.

[3]Having regard to the contents of the file, I am satisfied that the Claimant is also entitled to a protective award, for the same period. He was also paid £77.50 per day, giving the same award of £6,975.00