Mr A Palmer and Others v Kettle Agencies Ltd (in Creditors Voluntary Liquidation): 3307396/2023 and Others
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 claimants who worked at the respondent’s establishment at 5-7 Macadam Road, Earlstrees Industrial Estate, Corby, Northamptonshire, NN17 4JN and who were dismissed as redundant on or after 14 April 2023 that the employer pay remuneration for the protected period which begins on 14 April 2023 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]The claimants were employed at the same establishment in 5-7 Macadam Road, Earlstrees Industrial Estate, Corby, Northamptonshire, NN17 4JN (“the establishment”), and were made redundant on or after 14 April 2023.[2]There were more than 20 employees at the establishment.[3]The claimants have presented their claims for a protective award within the statutory time limit.[4]There was not a recognised trade union nor elected employee representatives at the establishment. 5. 20 or more employees at the establishment were made redundant or placed at risk of redundancy, on or within 90 days of 14 April 2023.[6]The claimants were dismissed during this period without any consultation having taken place.[7]The first respondent, which is in creditors voluntary liquidation, has not filed a response but its liquidators acknowledge not consulting with the claimants about redundances. The second respondent has filed a response to assist the Tribunal only and has no direct knowledge of events. In these circumstances it would be disproportionate to convene a hearing.[8]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.