Mrs L Rayment and Others v Cedar Park Schools Ltd (In Administration) and Secretary of State for Business and Trade: 3310782/2024 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 first respondent’s establishment at Wolverton, 50 Hadley Road, Enfield, Middlesex EN2 8JY and who were dismissed as redundant on or after 28 May 2024 that the employer pay remuneration for the protected period which begins on 28 May 2024 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]The claimants were employed at the same establishment at Wolverton, 50 Hadley Road, Enfield, Middlesex EN2 8JY (“the establishment”) and were made redundant on 28 May 2024.[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 28 May 2024.[4]The claimants were dismissed during this period without any consultation having taken place.[5]The last of the dismissals occurred on 28 May 2024, so all the consolidated claims have been 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 administration, has not filed a response to the claim. The second respondent has no direct knowledge of the circumstances of the claimants’ dismissals.[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: Regional Employment Judge Foxwell Date 11 December 2025[1]The claim was presented in the Southeast Employment Tribunal on 28 September 2024. The first respondent has failed to present a valid response on time. The Regional Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 22 of the Rules of Procedure.[2]The first respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £352.50.[3]The first respondent must pay the claimant £352.50 in total. Approved by: