Mr A Innaurato v Theobalds Park Op Co Ltd (in administration): 3300334/2024
JUDGMENT
(1) The respondent has failed to comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. The claim for a protective award succeeds.(2) The Tribunal makes a protective award in respect of the employees who worked at the respondent’s establishment at Birch (Cheshunt). Lieutenant Ellis Way, EN7 5HW and who were dismissed as redundant on or after 20 November 2023 that the employer pay remuneration for the protected period which begins on 20 November 2023 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]There were more than 20 employees at the establishment at which the Claimant worked[2]The claimant presented his claim for a protective award within the statutory time limit.[3]There was not a recognised trade union nor elected employee representatives at the establishment. 4. 20 or more employees at the establishment were made redundant or placed at risk of redundancy on 20 November 2023.[5]The claimant and the other employees were dismissed without any consultation having taken place.[6]There was a complete failure to comply with any part of the statutory requirements, and the protective award should be for the maximum period. Approved by :