Mr R Gould and others v Sullivan Bus and Coach Ltd (in creditors’ voluntary liquidation) and others: 3302830/2025 and others
JUDGMENT
[1]It was not reasonably practicable to have presented claims 3302830/2025 (Gould and others) and 6003621/2025 (Gyamfi) in time, and they were presented within such time as was reasonable. Those claims may therefore proceed.[2]The claims made by the claimants in “List 1” below, for protective awards brought under section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992, are well founded. The first respondent, Sullivan Bus and Coach Limited, failed to adequately comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 and is ordered to pay remuneration (i.e. a protective award) to each of those claimants for a protected period of 90 days beginning on 2 August 2024 (being the date on which the first of the dismissals to which the complaint relates took effect).[3]The complaint of unauthorised deductions from wages made by Ibrahim Buyukarslan is well-founded. The first respondent shall pay him £ 12,114.07. The claimant is responsible for the payment of any tax or National Insurance. This figure has been calculated as follows. The figure represents losses for a period of two years ending on the date of the termination claimant’s employment with the first respondent. Following a relevant transfer (within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246) from Go Ahead to the respondent in 2018, the first respondent did not pay the claimant as required in the terms of the claimant’s employment contract:a. Inflation-linked pay increases: £ 11,094.07b. Bonus payments for weekend shifts and overtime: £ 1,020[4]The complaints of breach of contract in relation to notice pay made by(a) Jerry Antwi Agyekum, and(b) Itai Machaka are well-founded. The respondent shall pay those claimants (a) £ 846.78 and (b) £ 4,033.36 as damages for breach of contract. This figure has been calculated on a net basis as follows:a. The notice period was (a) 6 weeks and (b) 8 weeks.b. A week’s net wages was (a) £ 141.13 and (b) £ 504.17.[5]The complaints of unfair dismissal made by(a) Jerry Antwi Agyekum, and(b) Itai Machaka are well-founded. Those claimants were dismissed unfairly for redundancy. For unfairly dismissing them, the respondent must pay a basic award to the claimants (a) £ 1,344.75 and (b) £. 6,983.13. This figure has been calculated as follows:a. The number of years of service was (a) 6 years and (b) 8 years.b. A week’s gross wages was (a) £ 179.30 and (b) £ 634.83.c. The claimants’ ages at dismissal were (a) 44 and (b) 47.[6]The recoupment regulations do not apply to any of the above awards.[7]Any remaining claims or complaints made by any of the claimants named above and in List 1 below (including any claims under different case numbers) are dismissed upon withdrawal.[8]With the exception of those claimants named in List 2 below, any remaining claims and complaints are struck out because they are no longer being actively pursued. This applies to all claims being dealt with under the following “multiple” numbers: 3301986, 3301975, 3301695, 3301635, 2300948.[9]The remaining claims, i.e. the claims made by the claimants named in List 2 below, will be determined at a future hearing. ANNEX 1 Lists of claimants LIST 1: Claimants for whom a protective award is made (with case numbers): 3308683/2025 Allyjaun, Mamode Rashad 3302833/2025 Antwi Agyekum, Jerry 3302836/2025 Borse, Shrikant 3302835/2025 Brown, Ian St John 3308682/2025 Buyukarslan, Ibrahim 3302840/2025 Callanan, Kevin 3302838/2025 Chin, Michael Robe 3308684/2025 Collins, Vaughn 3302842/2025 Cordell, Lisa Margerita 3302844/2025 Duke, Ivor 3302846/2025 Gjerovini, Mentor 3302830/2025 Gould, Roy 6003621/2025 Gyamfi, Adu 3302832/2025 Hassan Ali, Mohammed 3302852/2025 Kareem, Kar 3302873/2025 Linton, Jude 3302871/2025 Lopez De Pablo, Maria Jose 3302866/2025 Lopez, Fabio Andres 3302856/2025 Machaka, Itai 3302869/2025 Maskat, Abdulkadir Maskat, Abubakar 3302872/2025 Omar, Abdi Mohammed 3308685/2025 Rebello, Steven* 3302862/2025 Schindler, Robert 3302864/2025 Shaikh, Usman 3302863/2025 Smith, Hughill 3302860/2025 Stringer, Gary * Mr Rebello is deceased but the claim was continued by the executor of his estate, Mrs Ida Rebello. LIST 2: Claimants whose claims are not struck out or dismissed upon withdrawal and have not otherwise yet been determined. Mabruk, Shaban Chrysostomou, Chrisostoms Cox, Marc Finley, Jason Hisenaj, Bekim Hussain, Abid Jackson, Gordon Jarosz, Pawel Jay, John Kakol, Andrzej Khadi, Abalkhadi Nyenya, Simba Peters, Steven Poppat, Manojkurr Robertson, Douglas Ruczynska, Agnieszka Sachs, Per Joakim Trainer, Anthony Tshala, Kusonsa Turcios, Pablo Fidel Aguilar Ward, Brian Luis Mendes, Pedro Approved by:[1]It was not reasonably practicable to have presented claims 6018734/2024, 3302615/2025 and 2305057/2025 to 2305078/2025 in time, and they were presented within such time as was reasonable. Those claims may therefore proceed.[2]The application for strike out of the claims against the second respondent is dismissed. Approved by: