P Brown and others v Debenhams Retail Ltd (in Administration): 3314195/2020 and others
JUDGMENT
[1]The claimants listed in the attached schedule to this Judgment (the “Claimants”) were all employed by the First Respondent at their Trafford Centre, Manchester store.[2]On 9 April 2020, the First Respondent entered administration and Geoffrey Paul Rowley and Alastair Rex Massey (both of FRP Advisory, 2nd Floor, 110 Cannon Street, London, EC4N 6EU) were appointed as joint administrators (“Joint Administrators”).[3]The Claimants were dismissed by the First Respondent by reason of redundancy on 14 August 2020.[4]The Claimants raised a complaint pursuant to section 189 of The Trade Union and Labour Relations (Consolidation) Act 1992 (the “Act”) and are seeking a protective award in respect of failure to consult in accordance with s.188 and s.188A of the Act.[5]The Claimants were all assigned to an establishment where 20 or more redundancies were proposed by their employer within a period of 90 days. The First Respondent did not fully inform and consult with the Claimants in accordance with the provisions of s.188 and s.188A of the Act.[6]The protected period should be 90 days from the date of the first dismissal (14 August 2020)[7]The Protective Award Payments will rank as unsecured claims in the insolvency of the First Respondent but some of the Protective Award Payments may be wholly recoverable from the Redundancy Payments Service.[8]There is no order requiring any party to pay or reimburse another party’s costs or fees. Each party shall bear their own costs and fees.[9]For the avoidance of doubt, this Judgment applies to the listed Claimants only.[10]To the extent that the claim forms may have intimated any other claims they will stand dismissed automatically 14 days after the date of this order UNLESS the claimant writes in specifying any outstanding claim and providing administrator consent in respect thereof within that timeframe. Employment Judge Broughton Date: 10 July 2023 Annex Title First name Surname Case Number Mrs Pauline Brown 3314195/2020 Miss Adrienne Clegg 2418104/2020 Miss Gemma Dillon 2418105/2020 Miss Kloe Doherty 3314217/2020 Mr Callum Drake 2418065/2020 Ms Janet Fearnley 2418107/2020 Miss Melissa Forbes 2418585/2020 Mr George Francis 3314229/2020 Miss Heather Anna Gibson 2205041/2020 Miss Jane Hardacre 2205230/2020 Miss Laila Hasan 2418588/2020 Mrs Caroline Hawkins 2205235/2020 Mr Thomas Hayes 2418589/2020 Mrs Elaine Hilton 2418062/2020 Miss Lauren Hutchinson 2418060/2020 Mrs Tracey Large 2418108/2020 Mr Donald London 2418334/2020 Mrs Alison Millard 2418064/2020 Mrs Jan Molyneux 2418063/2020 Mrs Karen Newton 3314291/2020 Miss Georgia Notron 2418061/2020 Mr Bilal Patel 2418109/2020 Mrs Lynne Prince 2418059/2020 Mrs Pauline Ray 2205431/2020 Mrs Jennifer Ridley 2418106/2020 Miss Jessica Ring 3314312/2020 Ms Wendy Russell 2418110/2020 Mr Ryan Shaw 2205468/2020 Ms Lindsey Smith 3314327/2020 Mrs Jayne Stubbs 3314333/2020 Mrs Kelly Timms 3314342/2020 Miss Michelle Walters 2418613/2020 Ms Tracy White 3314353/2020 Mrs Amanda Wilkinson 3314355/2020 Miss Lily Jane Wilkinson 2205267/2020 Ms Kendal Wright 3314360/2020 Mr Adam Peter Youd 2205410/2020 Miss Calandra Young 2205551/2020