S Osmik v R National Realisations (2024) (In Administration): 3300934/2025
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 The Gables, St Marys Road, Hemel Hempstead, HP2 5HL, and who were dismissed as redundant on or after 29 November 2024 that the employer pay remuneration for the protected period which begins on 29 November 2024 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 her claim for a protective award within the statutory time limit.[3]The claimant was the elected employee representative at the establishment. 4. 20 or more employees at the establishment were made redundant or placed at risk of redundancy on 29 November 2024.[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 :