Mr D Coster and others v Blitz Communications Ltd (In Liquidation) and Secretary of State for Business, Energy and Industrial Strategy: 3313418/2020 and others
JUDGMENT
BY CONSENT THE parties are referred to within this Judgement collectively as “the Parties” and individually as follows: Claimants listed at Schedule 2 as represented by Imperium Law – “Represented Claimants” Claimants listed at Schedule 2 as unrepresented– “Unrepresented Claimants” (Collectively, “the Claimants”) Blitz Communications Limited (in voluntary liquidation) – “Blitz Communications” Secretary of State for Business, Energy and Industrial Strategy– “Secretary of State” (Collectively “the Respondents”) UPON the Parties having agreed to the terms set out in the attached Schedule 1, the Judgment of the Employment Tribunal is that: Trade union recognition[1]The Parties agree that no trade union was recognised by Blitz Communications for the purpose of collective bargaining under section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULR(C)A”) in respect of any bargaining units. The protective award claims[2]The Parties agree that: 2.1. The Claimants have correctly brought their claims pursuant to section 189(1)(a) TULR(C)A. 2.2. Blitz Communications failed to fully comply with all requirements of section 188 TULR(C)A, as detailed in Schedule 1. In accordance with section 189(2) of TULR(C)A, the Tribunal therefore makes a declaration that the complaints are well founded and the Tribunal also makes a protective award. 2.3. The protective award made pursuant to section 189(2) TULR(C)A shall, for the purposes of section 189(3) TULR(C)A, be made in respect of the following descriptions of employees: all employees employed by Blitz Communications who both a) were dismissed as redundant from and including 17 August 2020 and b) who are listed at Schedule 2 as Claimants. 2.4. For the purposes of section 189(4)(a) TULR(C)A, the protected period began on 17 August 2020, which was the date on which the first of the dismissals to which the complaint related took effect. 2.5. For the purposes of section 189(4)(b) TULR(C)A, the Tribunal determines that the length of the protected period is 56 days (8 weeks). 2.6. Pursuant to section 190 TULR(C)A, Blitz Communications is ordered to pay a protective award of 56 days’ (8 weeks’) gross pay to each of the Claimants.[3]For the avoidance of doubt the award relates solely to those employees listed at Schedule 2 as Claimants. Other claims[4]All claims against Blitz Communications (save for the protective award claims above) are hereby dismissed upon withdrawal. For the avoidance of doubt, this includes (but is not limited to) claims in relation to: 4.1. Unfair dismissal; 4.2. Redundancy payment; 4.3. Notice pay; 4.4. Holiday pay; 4.5. Arrears of pay; 4.6. Breach of contract; and 4.7. Other payments.[5]All claims against the Secretary of State are dismissed upon withdrawal. Costs[6]There shall be no order requiring any party to pay or reimburse another party’s costs.