Mrs L Parker v JE Beales plc (In Administration): 3324262/2019
JUDGMENT
[1]The respondent was in breach of s.188A(1)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992 and therefore the claimant is entitled individually to bring a claim for a protective award.[2]The Tribunal grants a declaration that the claimant’s complaint that the respondent failed to comply with the requirements of s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[3]The Tribunal finds that there should be a protective award paid to the claimant of the Lowestoft site of the respondent who was dismissed as redundant from 31 July 2019.[4]The award shall be in respect of the protected period which begins with the date of the claimant’s dismissal for a period of 90 days.[5]The claimant is to be paid remuneration for the period of 90 days pursuant to s.190(2) of the Trade Union and Labour Relations (Consolidation) Act 1992.[1]The claimant was unfairly dismissed in that the respondent failed to adequately consult with the claimant and there was a failure to put the claimant in the pool of employees employed at a separate store by the respondent in Lowestoft known as Palmers who were not in a redundancy situation thus the possibility of alternative employment until that store was closed on 20 March 2020.[2]There was a 50% chance that the claimant would have been made redundant in July 2019 and therefore a Polkey reduction of 50% applies.[3]The respondent is ordered to pay compensation to the claimant from 1 August 2019 when the claimant was dismissed by reason of redundancy until 20 March 2020 when the alternative store in Lowestoft known as Palmers was closed.[4]The respondent is ordered to pay a compensatory award allowing for the 50% reduction in the sum of £3,081.32.