C Koh v Elite Sports Group Ltd (In creditors voluntary liquidation): 3315220/2022 and 3301754/2023 C Koh v Elite Sports Group Ltd (In creditors voluntary liquidation): 3315220/2022 and 3301754/2023
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 employees who worked at the respondent’s establishment at Brookmans Park, Teleport Great North Road, Hatfield, Hertfordshire AL9 6NE and who were dismissed as redundant on or after 23 November 2022 that the employer pay remuneration for the protected period which begins on 23 November 2022 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]There were more than 20 employees at the establishment at which the Claimant worked.[2]The claimant presented her claim for a protective award (on 20 December 2022) within the statutory time limit.[3]There was not a recognised trade union nor elected employee representatives at the establishment. 4. 20 or more employees at the establishment were made redundant or placed at risk of redundancy on 23 November 2022.[5]The claimant and the other employees were dismissed without any consultation having taken place.[6]There was a complete failure to comply with any part of the statutory requirements.[7]There was a period in which the Respondent was in administration. The claim was stayed. On 15 May 2025, REJ Foxwell decided that the stay should be lifted.[8]The insolvency practitioners have not made any representations, either in response to correspondence from the Tribunal or from the Claimant.[9]In these circumstances, the protective award should be for the maximum period.[10]Other claims have been brought by different claimants. This award covers all employees of the description mentioned in this judgment. Subject to that, separate correspondence will be sent for those claims. Approved by: