Mr Y Mohamed and Others v Henry Construction Projects Ltd (in administration) and The Secretary of State for Business and Trade: 3311473/2023 and Others
JUDGMENT
Upon the administrators having indicated that they consented to the proceedings continuing on the terms set out in their letter of 3 November 2023, the Judgment of the Tribunal is as follows:[1]The claimants’ complaint under s 189(1)(a) Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”) that the first respondent did not comply with a requirement of s 188 of the Act is well founded. The respondent dismissed as redundant 20 or more employees at one establishment within a period of ninety days without the required consultation. The establishment was the business of Henry Construction Ltd. The dismissed employees were all persons employed by the first respondent immediately before 8 June 2023 (whether those employees worked at the first respondent’s registered office at Parkway Farm Church Road, Cranford, Hounslow, TW5 9RY or elsewhere).[2]A protective award is made under s 189(2) of the Act. The first respondent must pay the claimants remuneration for the protected period of 90 days beginning 8 June 2023.