Mr W Roe and others v Autorestore Ltd (in administration) and Secretary of State for Business, Energy and Industrial Strategy: 3311834/2022 and others

EMPLOYMENT TRIBUNALS

Case No 3311834/2022, 3311874/2022, 3311875/2022

Between

Mr W Roe & Others (see attached Schedule)Claimant

1. Autorestore Limited (in administration) 2. Secretary of State for Business, Energy & Industrial StrategyRespondent

Date 22 February 2023

JUDGMENT

(1) The first 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 Signal House, Crown Way, Crown Park, Rushden NN10 6BS and who were dismissed as redundant on or after 14 June 2022 that the employer pay remuneration for the protected period which begins on 14 June 2022 and is for a period of 90 days. The Recoupment Regulations apply.

REASONS

[1]There are 42 claimants.

[2]The claimants appear to have presented their claims within the statutory time limit as extended by reason of the early conciliation provisions.

[3]It appears that the claimants were employed at the same establishment in Rushden and were made redundant on or after 14 June 2022

[4]The claimants assert that there was no recognised trade union or elected employee representatives.

[5]It appears that 20 or more employees at the establishment were made redundant or placed at risk of redundancy, on or within 90 days of 14 June 2022.

[6]The claimants claim that they were dismissed during this period without any consultation having taken place.

[7]The first respondent has not filed a response and the second response has filed a response admitting that the first respondent is insolvent within the meaning in the Employment Rights Act 1996.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