Mrs S Roberts and others v Transitions UK (in Administration) and Secretary of State for Business, Energy and Industrial Strategy: 3313203/2022 and others
[1]The First Respondent failed to comply with their duties under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to consult properly or at all the Claimants regarding proposed redundancies.[2]Each Claimant is therefore entitled to a protective award for such failure.[3]The redundancies all took affect on 22 September 2022.[4]The Claimants were told on 9 September 2022 that they would all be made redundant and not paid for any work done after that date. There was no prior consultation.[5]The appropriate period for a protective award under s.189 of the Act is 56 days. The Respondent made a total of 28 employees redundant on 22 September 2022 without proper consultation. Case Number:- 3313203/2022; 3313696/2022; 2602686/2022; and 3300598/2023. 2[6]The period covered by the protective award is 56 days, from 22 September 2022 to 17 November 2022.[7]The sums awarded by way of Protective Awards to each of the Claimants is as follows:- 7.1. Case Number: 2602686/2022 – the Claimant: Mrs Lisa Ball 7.1.1. The Claimant’s weekly wage was £637.08 and her Protective Award is: £5,384.64; 7.2. Case Number: 3300598/2023 – the Claimant: Mrs Harriet Mace (formerly Harriet Barlow) 7.2.1. The Claimant’s weekly wage was £548.08 and her Protective Award is: £4,384.64; 7.3. Case Number: 3313203/2022 – the Claimant: Mrs Sandra Roberts 7.3.1. The Claimant’s weekly wage was £458.33 and her Protective Award is: £3,666.64; 7.4. Case Number: 3313682/2022 – the Claimant: Mr Jake Brown 7.4.1. The Claimant’s weekly wage was £576.92 and his Protective Award is: £4,615.36; 7.5. Case Number: 3313683/2022 – the Claimant: Ms Claire Burns 7.5.1. The Claimant’s weekly wage was £417.31 and her Protective Award is: £3,338.48; 7.6. Case Number: 3313685/2022 – the Claimant: Ms Charlie Dixon- Prior 7.6.1. The Claimant’s weekly wage was £615.39 and her Protective Award is: £4,923.12; 7.7. Case Number: 3313687/2022 – the Claimant: Ms Scarlett Fymruk 7.7.1. The Claimant’s weekly wage was £500.00 and her Protective Award is: £4,000.00; 7.8. Case Number: 3313691/2022 – the Claimant: Ms Olivia Lee 7.8.1. The Claimant’s weekly wage was £270.77 and her Protective Award is: £2,166.16; and Case Number:- 3313203/2022; 3313696/2022; 2602686/2022; and 3300598/2023. 3 7.9. Case Number: 3313696/2022 – the Claimant: Ms Michalina Wegierska 7.9.1. The Claimant’s weekly wage was £305.45 and her Protective Award is: £2,443.60. 4 April 2024 _____________________________ Employment Judge M Ord Sent to the parties on: .28/05/2024.. .......................................................... For the Tribunal Office. Public access to Employment Tribunal decisions Judgments and Reasons for the Judgments are published, in full, online at www.gov.uk/employmenttribunal- decisions shortly after a copy has been sent to the Claimant(s) and Respondent(s) in a case. Recording and Transcription Please note that if a Tribunal Hearing has been recorded you may request a transcript of the recording, for which a charge is likely to be payable in most but not all circumstances. If a transcript is produced it will not include any oral Judgment or reasons given at the Hearing. The transcript will not be checked, approved or verified by a Judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/ Case Number:- 3313203/2022; 3313696/2022; 2602686/2022; And 3300598/2023. 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mrs Sandra Roberts and Others v(1) Transitions UK (in Administration);(2) Secretary of State for Business, Energy & Industrial Strategy Heard at: Cambridge (by CVP) On: 27 March 2024 Before: Employment Judge M Ord Appearances For the Claimants: Mrs[1]The First Respondent failed to comply with their duties under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to consult properly or at all the Claimants regarding proposed redundancies.[2]Each Claimant is therefore entitled to a protective award for such failure.[3]The redundancies all took affect on 22 September 2022.[4]The Claimants were told on 9 September 2022 that they would all be made redundant and not paid for any work done after that date. There was no prior consultation.[5]The appropriate period for a protective award under s.189 of the Act is 56 days. The Respondent made a total of 28 employees redundant on 22 September 2022 without proper consultation.[6]The period covered by the protective award is 56 days, from 22 September 2022 to 17 November 2022. Case Number:- 3313203/2022; 3313696/2022; 2602686/2022; And 3300598/2023. 2[7]Following the provision of additional information regarding their earnings, the sums awarded by way of protective awards to each of the Claimants is as follows:- 7.1. Case Number: 3313693/2022 – the Claimant: Tracie Mills 7.1.1. The Claimant’s weekly wage was £387.94 and her Protective Award is: £3,103.52; 7.2. Case Number: 3313684/2022 – the Claimant: Faye Coulter 7.2.1. The Claimant’s weekly wage was £417.05 and her Protective Award is: £3,336.40; 7.3. Case Number: 3313688/2022 – the Claimant: Karen Ironside 7.3.1. The Claimant’s weekly wage was £567.70 and her Protective Award is: £4,541.60; 7.4. Case Number: 3313692/2022 – the Claimant: Cameron McGlasham 7.4.1. The Claimant’s weekly wage was £231.37 and his Protective Award is: £1,850.96; 7.5. Case Number: 3313690/2022 – the Claimant: Katie Lane-Griffin 7.5.1. The Claimant’s weekly wage was £356.12 and her Protective Award is: £2,848.96; and 7.6. Case Number: 3313689/2022 – the Claimant: Lucy Jones 7.6.1. The Claimant’s weekly wage was £364.56 and her Protective Award is: £2,916.00. 20 May 2024 _____________________________ Employment Judge M Ord Sent to the parties on: ...28/05/2024.... ............................................................. For the Tribunal Office Public access to Employment Tribunal decisions Judgments and Reasons for the Judgments are published, in full, online at www.gov.uk/employmenttribunal- decisions shortly after a copy has been sent to the Claimant(s) and Respondent(s) in a case. Case Number:- 3313203/2022; 3313696/2022; 2602686/2022; And 3300598/2023. 3 Recording and Transcription Please note that if a Tribunal Hearing has been recorded you may request a transcript of the recording, for which a charge is likely to be payable in most but not all circumstances. If a transcript is produced it will not include any oral Judgment or Reasons given at the Hearing. The transcript will not be checked, approved or verified by a Judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/