Ms K Lukaszewska and Others v West Cambs Federation CIC (in voluntary liquidation) and Secretary of State for Business and Trade: 3303897/2024 and Others
JUDGMENT
[1]The Respondent has failed to comply with a requirement of section 188 of the Trade Union and 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 Priory Fields Surgery as clinical pharmacists and who were dismissed as redundant on or after 9 January 2024 that the employer pay remuneration for the protected period which begins on 9 January 2024 and is for a period of 90 days. The Recoupment Regulations apply.[3]The First Respondent is in voluntary liquidation. The Second Respondent is not represented in these proceedings. As the First Respondent is in voluntary liquidation there is no need for permission to be obtained for any claim to continue.REASONS
[1]The claimants were employed at the same establishment at Priory Fields Surgery, Redshank House, Kingfisher Way, Huntingdon, Cambridgeshire PE26 6FN (“the establishment”) and were made redundant on or after 9 January 2024.[2]There were no elected employee representatives or a recognised trade union 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 9 January 2024.[4]The claimants were dismissed during this period without any consultation having taken place.[5]The last of the dismissals occurred on 9 January 2024, so all the claims are likely to have been presented within the time limit in section 189(5)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992.[6]The first respondent, which is in voluntary liquidation, has not filed a response and its administrators have neither agreed to nor contested the claim for protective award proceedings. The second respondent has not filed a response to the claim.[7]There is 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.[8]The claimants have all received payments from the Insolvency Service. These payments are to be taken into account when determining any future money owed to the claimants. Approved by