Ms T Appadoo and Others v Cloud 9 Leisure Ltd (In Creditors Voluntary Liquidation) and Secretary of State for Business and Trade: 3304401/2025 and Others
JUDGMENT
(1) The first 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 first respondent’s establishment at Unit 1, Jarman Park, Hemel Hempstead, Hertfordshire HP2 4JS and who were dismissed as redundant on or after 16 April 2025 that the employer pay remuneration for the protected period which begins on 16 April 2025 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]The claimants were employed at the same establishment at Unit 1, Jarman Park, Hemel Hempstead, Hertfordshire HP2 4JS (“the establishment”) and were made redundant on 7 January 2025.[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 16 April 2025.[4]The claimants were dismissed during this period without any consultation having taken place.[5]The last of the dismissals appears to have occurred on 16 April 2025, so all the claims were presented within the time limit contained in section 189(5)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992.[6]The first respondent, which is in creditors voluntary liquidation, has not filed a response to the claim. The second respondent has been copied into the proceedings as statutory guarantor and has filed a response acknowledging their potential liability.[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: