Mrs J Gerrard and others v M Realisations 2020 Ltd (formerly Monson Accessorize Ltd (In Administration) and Secretary of State for Business Energy and Industrial Strategy and Others: 3306206/2020 and Others
JUDGMENT
[1]As at 1 June 2020:(a) the Monsoon Accessorize stores in Hitchin, St Albans, Aylesbury, Welwyn Garden City and Stevenage (“Cluster 1”) together constituted an ‘establishment’ for the purposes of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULR(C)A 1992”);(b) the Monsoon Accessorize stores in Milton Keynes, Milton Keynes - Debenhams concession, London Colney, Northampton, Rushden and Watford (“Cluster 2”) together constituted an ‘establishment’ for the purposes of section 188 of TULR(C)A 1992; and.(c) there was no recognised trade union or appointed or elected employee representatives for the purposes of section 188(1B) of TULR(C)A 1992.[2]The First Respondent’s duty under section 188(1) of TULR(C)A 1992 was triggered in relation to employees at the Cluster 1 and Cluster 2 establishments by no later than 1 June 2020. The consultation period prescribed by section 188(1A) of TULR(C)A 1992 was 30 days in each case.[3]The First Respondent breached its statutory obligations as follows: Case Number: 3306206/2020 & Others 2 of 3(a) It failed to facilitate the appointment or election of employee representatives in accordance with section 188A of TULR(C)A 1992;(b) It failed to provide any of the information prescribed by section 188(4) of TULR(C)A 1992; and(c) It failed to consult as required and envisaged by sections 188(1) and (2) of TULR(C)A 1992.[4]The Tribunal declares that the Claimants’ complaints pursuant to section 189 of section 188A of TULR(C)A 1992 are well founded.[5]The Tribunal makes a protective award in favour of the Claimants that the First Respondent shall pay remuneration to them for the protected period of 85 days. _____________________________ Employment Judge Tynan Date: ……16 March 2023 Sent to the parties on: 16 March 2023 ................................ For the Tribunal Office Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case Number: 3306206/2020 & Others 3 of 3 Case Number Claimant Name 3306206/2020 Mrs Jody Gerrard 3306207/2020 Mrs Samantha Reid 3306208/2020 Miss Lidia Henche Cotton 3306209/2020 Miss Susan Leach 3306210/2020 Miss Lucy Ansell 3306211/2020 Mrs Clare Champion 3306212/2020 Mrs Christine Bird 3306213/2020 Miss Salima Begum 3306214/2020 Mrs Emma Simpkins 3306215/2020 Miss Ameena Moulten-Emanuel 3306216/2020 Miss Tamzin Antony 3306254/2020 Mrs Catherine Ford 3306255/2020 Mrs Wajeeha Hussain 3306256/2020 Mrs Ayesha Rasheed 3306257/2020 Miss Elizabeth Marie Berry 3306258/2020 Miss Lucy Corrigan 3306259/2020 Miss Amelia Barnard 3306285/2020 Mrs Hasna Chowdhury 3306286/2020 Miss Siobhan Coe 3306287/2020 Miss Lauren Cayton 3306288/2020 Miss Sajida Islam 3306392/2020 Mrs Saila Shaheen 3306393/2020 Miss Agnieszka Lenart 3306394/2020 Miss Atikah Saleem 3306395/2020 Miss Jumeirah Shabir 3306396/2020 Miss Maiko Yokouchi 3306634/2020 Miss Atifa Abdul-Jalil 3307832/2020 Miss Leena Golar 3310938/2020 Miss Ella Flavell-McNelliey Case Number: 3306206/2020 & Others 1 of 1 EMPLOYMENT TRIBUNALS Claimants: Mrs Jody Gerrard & Others Respondent:(1) M Realisations 2020 Ltd (formerly Monsoon Accessorize Ltd) In Administration)(2) A Realisations 2020 Ltd (formerly Accessorize Ltd) In Administration; and(3) Secretary of State for Business Energy and Industrial Strategy CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Pursuant to the provisions of Rule 69, the Judgment sent to the parties on 16 March 2023 is corrected as set out in underlined block type in the Judgment. _____ Employment Judge Tynan Date: …22/11/2023. Sent to the parties on: ...22/11/2023. ............. For the Tribunal Office Case Number: 3306206/2020 & Others 1 of 3 EMPLOYMENT TRIBUNALS Claimants: Mrs Jody Gerrard & Others Respondent: (1) M Realisations 2020 Ltd (formerly Monsoon Accessorize Ltd) In Administration); (2) A Realisations 2020 Ltd (formerly Accessorize Ltd) In Administration; and (3) Secretary of State for Business Energy and Industrial Strategy Heard at: Cambridge (by CVP) On: 22 February 2023 Before: Employment Judge Tynan Appearances For the Claimants: Mrs J Gerrard, Lead Claimant For the First and Second Respondents: Did not attend and were not represented For the Third Respondent: Written representations received[1]As at 1 June 2020:(a) the Monsoon Accessorize stores in Hitchin, St Albans, Aylesbury, Welwyn Garden City and Stevenage (“Cluster 1”) together constituted an ‘establishment’ for the purposes of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULR(C)A 1992”);(b) the Monsoon Accessorize stores in Milton Keynes, Milton Keynes - Debenhams concession, London Colney, Northampton, Rushden and Watford (“Cluster 2”) together constituted an ‘establishment’ for the purposes of section 188 of TULR(C)A 1992; and.(c) there was no recognised trade union or appointed or elected employee representatives for the purposes of section 188(1B) of TULR(C)A 1992.[2]The First and Second Respondents’ duty under section 188(1) of TULR(C)A 1992 was triggered in relation to employees at the Cluster 1 and Cluster 2 establishments by no later than 1 June 2020. The consultation period prescribed by section 188(1A) of TULR(C)A 1992 was 30 days in each case. Case Number: 3306206/2020 & Others 2 of 3[3]The First and Second Respondent breached their statutory obligations as follows:(a) They failed to facilitate the appointment or election of employee representatives in accordance with section 188A of TULR(C)A 1992;(b) They failed to provide any of the information prescribed by section 188(4) of TULR(C)A 1992; and(c) They failed to consult as required and envisaged by sections 188(1) and (2) of TULR(C)A 1992.[4]The Tribunal declares that the Claimants’ complaints pursuant to section 189 of section 188A of TULR(C)A 1992 are well founded.[5]The Tribunal makes a protective award in favour of the Claimants that the First and Second Respondent, as appropriate, shall pay remuneration to them for the protected period of 85 days beginning on 9 June 2020.