Mr J Williams and others v Roma Leather Ltd (in Administration) and The Secretary of State for Business and Trade: 3312530/2023 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 The Old Wood Yard, High Street, Naseby, Northampton NN6 6DD and who were dismissed as redundant on or after 9 June 2023 that the employer pay remuneration for the protected period which begins on 9 June 2023 and is for a period of 90 days.(3) The Recoupment Regulations apply.REASONS
[1]By email dated 7 December 2023 the respondent’s administrator has confirmed that there were more than 20 employees at its establishment, The Old Wood Yard, High Street, Naseby, Northampton NN6 6DD.[2]The claimants presented their claims within the statutory time limit.[3]The claimants were employed at the same establishment in Naseby and were made redundant on or after 9 June 2023.[4]There was neither a recognised trade union nor elected employee representatives. 5. 20 or more employees at the establishment were made redundant or placed at risk of redundancy, on or within 90 days of 9 June 2023.[6]The claimants were dismissed during this period without any consultation having taken place.[7]The respondent has not filed a response and in these circumstances it would be disproportionate to convene a hearing.[8]There is 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.