Mr R Molyneux and Others v Amyris UK Trading Ltd (In creditors voluntary liquidation): 3300346/2024 and Others
EMPLOYMENT TRIBUNALS
Case No 3300346/2024, 3300348/2024, 3300352/2024, 3300356/2024, 3300365/2024, 3300347/2024, 3300349/2024, 3300350/2024, 3300351/2024, 3300353/2024, 3300354/2024, 3300355/2024, 3300357/2024, 3300358/2024, 3300359/2024
Between
Mr R Molyneux and OthersClaimantAmyris UK Trading Ltd (In creditors voluntary liquidation)RespondentDate 4 November 2024
JUDGMENT
Claims: 3300348/2024 Kia Gorton 3300352/2024 Jessica Marsden 3300356/2024 Kristine Nicolopoulos 3300365/2024 Alina Kwan[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 in London and remote and who were dismissed as redundant on 18 December 2023 that the employer pay remuneration for the protected period which begins on 18 December 2023 and is for a period of 72 days, The Recoupment Regulations apply. All the remaining claims:[3]Claim numbers: 3300346/2024 3300347/2024 3300349/2024 3300350/2024 3300351/2024 3300353/2024 3300354/2024 3300355/2024 3300357/2024 3300358/2024 3300359/2024 3300360/2024 3300361/2024 3300362/2024 3300363/2024 3300364/2024 2200228/2024 are dismissed.
REASONS
[1]Despite the claim form in 3300346/2024 asserting that there was no Trade Union or other appropriate representative body within the meaning of section 188(1B) Trade Union and Labour Relations (Consolidation) Act 1992, Mr Molyneux informed me at the case management preliminary hearing held on 1 November 2024 that there were elected employee representatives, namely Kia Gorton, Jessica Marsden, Kristine Nicolopoulos and Alina Kwan.[2]In the circumstances and pursuant to s.189(1)(b)only those four named representatives are entitled to bring a complaint seeking a declaration and a protective award. Consequently all the other claims must be dismissed.[3]The representative claimants were employed at the same establishment in London and remote and were made redundant on 18 December 2023.[4]Twenty or more employees at the establishment were placed at risk of redundancy on 1 December 2023.[5]Consequently, the respondent has failed to consult for the minimum period of 30 days and has failed to comply with a requirement of section 188 Trade Union and Labour Relations (Consolidation) Act 1992.[6]A protected award may be made for up to 90 days. A protective award is punitive and should be for the maximum period unless there are circumstances making it just not to do so. In this case the respondent began the period of consultation and it ran for 18 days. This is not a case where the respondent has deliberately failed to consult at all. In my judgment it would be just and equitable to award a protected period of 72 days. Employment Judge Alliott Date: 4 November 2024 ....... Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practicedirections/ Case Number Claimant Name 3300346/2024 Mr Richard Molyneux 3300347/2024 Mr RIchard Molyneux 3300348/2024 Kia Gorton Maria-Christina Mouliou Fernandes 3300349/2024 Thomaz 3300350/2024 Fareena Joseph 3300351/2024 Dee Procter 3300352/2024 Jessica Marsden 3300353/2024 Emma Fulton-price 3300354/2024 Rebecca Gray 3300355/2024 Francisco Granger 3300356/2024 Kristine Nicolopoulos 3300357/2024 Geoff Wild 3300358/2024 James Alston 3300359/2024 Phil Nyatanga 3300360/2024 Asha Joneja 3300361/2024 Verity Pemberton 3300362/2024 Samantha Sanders 3300363/2024 Alessandro Pagani 3300364/2024 Dan Perry 3300365/2024 Alina Kwan 2200228/2024 Mrs Sian Luke