Mr L Purdy and Others v Kettle Home Ltd (in Creditors Voluntary Liquidation) and Secretary of State for Business and Trade: 3311929/2024 and Others Mr L Purdy and Others v Kettle Home Ltd (in Creditors Voluntary Liquidation) and Secretary of State for Business and Trade: 3311929/2024 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 respondent’s establishment at 5 Macadam Road, Earlstrees Industrial Estate, Corby, Northamptonshire, NN17 4JN and who were dismissed as redundant on or after 9 October 2024 that the employer pay remuneration for the protected period which begins on 9 October 2024 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]The claimants were employed at the same establishment at 5 Macadam Road, Earlstrees Industrial Estate, Corby, Northamptonshire, NN17 4JN (“the establishment”) and were made redundant on 9 October 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 9 October 2024.[4]The claimants were dismissed during this period without any consultation having taken place.[5]The last of the dismissals occurred on 9 October 2024, so all the claims are likely to have been presented within the time limit contained in section 189(5)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992.[6]The respondent, which is in creditors voluntary liquidation, has not filed a response and the Secretary of State for Business & Trade has not filed a response either. In these circumstances it would be disproportionate to convene a hearing.[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: