Mr S Rutter & others v Multiyork Furniture Ltd (In Administration) and Secretary of State for Business, Energy & Industrial Strategy: 3305305/2018 and others
JUDGMENT
[1]The Respondent went into administration on the 22 November 2017.[2]The tribunal is satisfied that over 100 employees were made redundant with the first of those being made on the 12 December 2017 3305305 – 3305332/2018 3305379 – 3305410/2018 3305335 – 3305378/2018 10.2 Judgment - rule 61 February 2018[3]There were no representatives or elections and no consultation with individual employees.[4]The Tribunal therefore finds the complaint of failure to consult well founded in respect of the employees listed on the attached schedules and makes a declaration that the Respondent failed to comply with its obligations to consult within the meaning of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992.[5]A protective award is made in respect of those employees dismissed as redundant on 12 December 2017 and thereafter and in respect of whose dismissal the employer has failed to comply with the requirements of section 188.[6]In all cases the Respondent is ordered to pay remuneration to each such employee for the protected period which is the period of 90 days.