Mr M Reeve and Others v Lowestoft Electrical Co Ltd (in Administration) and The Secretary of State for Business and Trade: 3302938/2024 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 Service House, Wildes Street, Lowestoft, Suffolk NR32 1XH and who were dismissed as redundant on or after 12 December 2023 that the employer pay remuneration for the protected period which begins on 12 December 2023 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]The claimants were employed at the same establishment, Service House, Wildes Street, Lowestoft, Suffolk NR32 1XH (“the establishment”) and were made redundant on or after 12 December 2023.[2]There was no recognised trade union or elected employee representatives. 3. 20 or more employees at the establishment were made redundant or placed at risk of redundancy, on or within 90 days of 12 December 2023.[4]The claimants were dismissed during this period without any consultation having taken place.[5]The claimants presented their claims within the statutory time limit.[6]The first respondent has not filed a response but its administrators have consented to this claim proceeding. The second respondent has filed a response to assist the Tribunal only and has no direct knowledge of events. In these circumstances it would be disproportionate to convene a hearing.[7]No reason has been shown 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.