Mr S Bates v Kentas of London Ltd (in voluntary liquidation): 3311871/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The Tribunal makes a protective award in favour of the claimant and orders the respondent to pay remuneration for a protected period of 90 days beginning on 31 July 2020.REASONS
[1]No response has been entered by the Respondent. Judgment is not automatically entered in favour of a claimant just because a respondent does not reply. I am satisfied that I have sufficient information and evidence to make a decision without a hearing.[2]On 31 July 2020, the Respondent dismissed 26 employees by reason of redundancy. The company then went into liquidation. There was no consultation of any description with any representatives of the employees (or even with the employees). There were no recognised unions and no elections were held for employee representatives.[3]The Claimant was an affected employee and he was one of those dismissed. By virtue of section 189(1)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992, the Claimant has standing to bring a claim for a breach of section 188A of that Act. The Respondent has completely failed to comply with any part of the requirements of sections 188 and 188A. The maximum protective award is therefore appropriate.