Mr A Plekhanov v Silverbird Global Ltd (In Administration): 3304198/2024
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 Level 39, One Canada Square, Canary Wharf, London E14 5AB and who was dismissed as redundant on or after 13 March 2024 that the employer pay remuneration for the protected period which begins on 13 March 2024 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]The claimant was employed at the establishment at Level 39, One Canada Square, Canary Wharf, London E14 5AB (“the establishment”) and was made redundant on 21 March 2024.[2]There was no recognised trade union or elected employee representatives 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 13 March 2024.[4]The claimant was dismissed during this period without any consultation having taken place.[5]The last of the dismissals occurred on or after 13 March 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 consented to the claim for a protective award proceeding. The Secretary of State has been copied into the proceedings as statutory guarantor.[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. Approved by: