Ms A Lumley and Others v Patch (Windsor) Ltd (In Creditors Voluntary Liquidation) and Secretary of State for Business and Trade: 3301665/2025 and Others
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 claimants who worked at the respondent’s establishment at 84 High Street, Southend on Sea SS1 1JN and who were dismissed as redundant on or after 7 January 2025 that the employer pay remuneration for the protected period which begins on 7 January 2025 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]The claimants were employed at the same establishment at 84 High Street, Southend on Sea SS1 1JN (“the establishment”) and were made redundant on 7 January 2025.[2]There were no recognised trade union or elected employee representatives at the establishment. 3. 20 or more employees at the establishment were made redundant or placed at risk of redundancy, on or within 90 days of 7 January 2025.[4]They were dismissed during this period without any consultation having taken place.[5]The last of the dismissals occurred on 7 January 2025, so all the claims have been presented within the time limit contained in section 189(5)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992.[6]The first respondent, which is in creditors voluntary liquidation, has not filed a response to the claim. The second respondent has been copied into the proceedings as statutory guarantor and is therefore aware of their potential liability.[7]There appears to be no reason to depart from the principle that protective awards are punitive and should be for the maximum period unless there are circumstances making it just not to do so. Approved by: