Mr C Pinion and Others v 316 Engineering Ltd (in Administration) and Others: 3300210/2022 and Others

EMPLOYMENT TRIBUNALS

Case No 3300210/2022, 3300241/2022, 3300823/2022

Between

(1) Mr Christopher Pinion (3300210/2022) (2) Mr Paul Tickner (3300239-3300241/2022) (3) Ms Alyson Tropeano (3300822-3300823/2022)Claimant

(1) 316 Engineering Limited (in Administration) (2) Secretary of State for Business Energy and Industrial Strategy/Respondent

Before

Employment Judge Hanning

Not represented for respondent

Date 18 April 2023

JUDGMENT

The first respondent failed to submit a Response to the claims and the administrator has given consent for them to proceed. Upon hearing evidence from the claimants and on the information before me including the written submissions made by the second respondent The decision of the Employment Judge is:

[1]The claimants worked at a single establishment at which there was no recognised trade union.

[2]The first Respondent failed to: a) organise the election of employee representatives and to consult with them in accordance with sections 188 and 188A of Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”). b) provide any of the information prescribed by section 188(4) of TULRCA; and c) consult as required and envisaged by sections 188(1) and (2) of TULRCA. Case Numbers: 3300210/2022 3300239-3300241/2022 3300822-3300823/2022

[3]Accordingly, the Tribunal declares that the claimants’ complaints pursuant to TULRCA section 189 are well founded and succeed.

[4]The Tribunal makes a protective award in favour of the claimants that the first respondent pay remuneration to each of the claimants named above for a protected period of 90 days beginning on 3 December 2021.

[5]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to these awards. Notes

[1]A protective award is a two-stage process. The tribunal at this stage makes no financial award, but gives a judgment that the claimants are entitled to a protective award in the terms set out above. The claimants must then seek payment of their individual awards from the respondent, quantifying the amount.

[2]Failure to pay (should that occur), or any dispute as to the amount payable, then becomes a matter for a further separate claim under s192 of the Trade Union and Labour Relations (Consolidation) Act 1992 for payment of the award.