Mr V Gupta v Silverbird Global Ltd (in administration): 3303982/2024
JUDGMENT
[1]The respondent’s premises at One Canada Square, Canary Wharf, London constituted an establishment for the purpose of s188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULR(C)A”).[2]There was no recognised trade union or appointed or elected employee representatives for the purpose of s188(1B) of TULR(C)A.[3]The complaint that the respondent failed to comply with a requirement of s188 of TULR(C)A is well-founded. The respondent was proposing to dismiss 20 or more employees at the above-named establishment within a period of 90 days or less, and no consultation took place as required by s188 of TULR(C)A.[5]The Tribunal orders the respondent by way of a protective award under section 189(3) of the Act to pay to the claimant a payment equivalent to remuneration for the period of 90 days beginning on 14 March 2024 (“the protected period”). Other claims[6]The claimant of unfair dismissal is dismissed upon withdrawal.[7]The claim for a redundancy payment is dismissed upon withdrawal. 10.1 Judgment – no hearing - rule 60 February 2018 Case No: 3303982/2024 Approved by