Mrs J Bulluss and Others v Hemdean House School Ltd (In creditors voluntary liquidation) and Secretary of State for Business and Trade: 3308666/2024 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 Hemdean House School, Hemdean Road, Caversham, Reading RG4 7SD and who were dismissed as redundant on or after 12 July 2024 that the employer pay remuneration for the protected period which begins on 12 July 2024 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]There are 19 claimants.[2]The claimants have presented their claims within the statutory time limit.[3]The claimants were employed at the same establishment in Caversham, Reading and were made redundant on or after 12 July 2024.[4]There was no recognised trade union or elected employee representatives. 5. 20 or more employees at the establishment were made redundant or placed at risk of redundancy, on or within 90 days of 12 July 2024.[6]The claimants were dismissed during this period without any consultation having taken place.[7]The first respondent has not filed a response. The second respondent has filed a response and asks that it is considered as a written submission for any hearing. The tribunal has had regard to that response. 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. 9. 11 of the 19 claimants have issued duplicate claims. Where the claims are duplicated Employment Judge French has consolidated the two claims and has issued one award. Approved by: