Mr MMO Omair v A C plc (in administration): 3311008/2023
JUDGMENT
[1]The claim seeking a protective award under section 189 Trade Union and Labour Relations (Consolidation) Act 1992 is well-founded. The respondent failed in its duty to consult the claimant and his former colleagues under section 188 of that Act.[2]The group of employees in question is the employees at the Respondent’s Head Office. There were more than 20 such employees and all were dismissed.[3]The respondent is ordered to pay to the claimant remuneration for the protected period of 90 days starting on 18 August 2023, the date the first dismissal took effect.[4]Information about the Recoupment Regulations is attached in the appendix. I accept the Claimant’s account that he did not receive any benefits during the relevant period.[5]The respondent made an unauthorised deduction from wages for the period 1 August to 18 August 2023. The sum properly payable was £2218.18. None of that was paid, though the Claimant did receive £1,837.14 gross from Page 1 of 4 Secretary of State. The Respondent is ordered to pay the Claimant the balance, which is £382.04 gross.[6]The Claimant is entitled to damages for failure to give notice. He was entitled to one month’s notice. He would have earned £2906.56 net during the notice period. The Respondent has paid nothing, but the Claimant received £466.28 net from Secretary of State. The Respondent is ordered to pay the Claimant the balance, which is £2440.28.[7]No additional damages for breach of contract in relation to contractual entitlement to holiday are awarded.[8]Under the Working Time Regulations 1998, the Claimant’s accrued entitlement was to 230/365 x 5.6 weeks = 3.53 weeks.. He had taken 5 bank holidays plus 12 further days, so 17 days = 3.4 weeks, during 2023. So his entitlement was to a further 0.13 weeks. One weeks pay = £865.39 and 0.13 weeks = £112.50 gross. The Respondent is ordered to pay £112.50 to the Claimant for unused entitlement under the Working Time Regulations 1998.[9]There is no award for future loss or for injury to feelings.[10]The Recoupment Regulations do not apply to the awards made to the Claimant for unauthorised deduction from wages, damages for failure to give notice, or for breach of working time regulations.. Approved by: