Mr S McBride and others v Ensco 1035 Ltd (In Creditors Voluntary Liquidation): 3316067/2019 and others

EMPLOYMENT TRIBUNALS
Case No 3316067/2019Venue NorwichHearing 3 January 2020 Representation Claimant: Respondent: No appearance or representation
Mr S McBride and othersClaimantEnsco 1035 Ltd (In Creditors Voluntary Liquidation)Respondent
Employment Judge KurreinDate 3 January 2020

JUDGMENT

[1]The Respondent is ordered to pay each of the Claimants, as set out in the Schedule annexed to this Judgment, a Protective Award equal to 90 days pay from 1 April 2019.

REASONS

[1]The Claimants were all employed by the Respondent, which traded as the St Giles House Hotel, until, on 1 April 2019, Mr McBride was told to inform all employees then at work that they should cease work and go home. He and they did so.[2]No employees had been paid for the previous month’s work, and their dismissal for redundancy on 1 April 2019 came without warning or consultation.[3]The Claimants have applied for a Protective Award pursuant to Ss.188, 188A and 189 Trade Union and Labour Relations (Consolidation) Act 1992.[4]The Respondent has not entered an appearance or appeared to contest the issue of remedy. Case Numbers: 3316067/2019 and others[5]I bear in mind that such awards are intended to be punitive, and a maximum award is the starting point.[6]In the absence of any objection by the Respondent I make a maximum award of 90 days pay from 1 April 2019 in favour of each Claimant.