Mrs A Scott v Inland Ltd (in administration): 3303927/2024
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 claimant who worked at the respondent’s establishment at Burnham Yard, London End, Beaconsfield, Buckinghamshire HP9 2JH and who was dismissed as redundant on or after 31 October 2023 that the employer pay remuneration for the protected period which begins on 31 October 2023 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]The claimant was employed at Burnham Yard, London End, Beaconsfield, Buckinghamshire HP9 2JH (“the establishment”) and was made redundant on 19 January 2024.[2]The claimant’s redundancy was part of a large scale redundancy which commenced on 31 October 2023. 96 employees at the establishment were made redundant or placed at risk of redundancy, on or within 90 days of 31 October 2023.[3]There was no recognised trade union or elected employee representatives at the establishment.[4]The claimant was dismissed during this period without any consultation having taken place.[5]The last of the dismissals occurred on or around 19 January 2024, so the claim has been presented within the time limit contained in section 189(5)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992.[6]The respondent, which is in administration, has not filed a response to the claim but its administrators have given their consent to this claim proceeding.[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: