Ms M Cox and others v Northolt Glass Company Ltd (in Liquidation) and Secretary of State for Business, Energy & Industrial Strategy: 3312650/2022 and 3312670/2022
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 York House, Church Lane, Chalfont St Peter, Buckinghamshire, SL9 9RE and who were dismissed as redundant on or after 7 July 2022 that the employer pay remuneration for the protected period which begins on 7 July 2022 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]There are 21 claimants.[2]The claimants appear to have presented their claims within the statutory time limit.[3]It appears that the claimants were employed at the same establishment in Chalfont St Peter and were made redundant on or after 7 July 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 7 July 2022.[6]The claimants claim that they were dismissed during this period without any consultation having taken place.[7]Neither the first respondent nor the second respondent has filed a response. 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