Mr M Batko and others v Casual Dining Services Ltd (In Administration): 4107037/2020 and others
JUDGMENT
The Employment Judge has decided to issue the following judgment on the available material under rule 21 .[1]The claimants are entitled to bring this claim because the complaint concerns a failure relating to the election of employee representatives, and the claimants are employees dismissed as redundant.[2]No response was presented to this claim within the applicable time limit[3]The respondent is in administration but the administrator consented to the continuation of these proceedings in a letter dated 18 May 2021 .[4]The complaint that the respondent failed to comply with a requirement of section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[5]The respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less.[6]The respondent failed to ensure that employee representatives were elected in accordance with S.188A, and then to consult with them in accordance with s.188.[7]The Tribunal makes a protective award in respect of:- Mrs M Kubiak, Miss M Bercikova, Mr M R Batko, Miss L D Collingridge, Mr C Sokolowski, Mr L S Hawkins, Miss T Matranga and Miss M Kolarovska and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 2 July 2020 and is for 90 days. Judge: Robert Gall Date of Judgement: 29 October 2021 Multiple Schedule Multiple: 9583 - Casual Dining Services Limited Case Number Case Name 4107037/2020 Mr Mariusz Robert Batko -v- Casual Dining Services Limited (dissolved) 4107038/2020 Miss Marcela Bercikova -v- Casual Dining Services Limited 4107039/2020 Miss Lyndsey Dawn Collingridge -v- Casual Dining Services Limited 4107040/2020 Mr Lee Stewart Hawkins -v- Casual Dining Services Limited 4107041/2020 Miss Margareta Kolarovska -v- Casual Dining Services Limited 4107042/2020 Mrs Malgorzata Kubiak -v- Casual Dining Services Limited 4107043/2020 Miss Tatiana Matranga -v- Casual Dining Services Limited 4107044/2020 Mr Czeslaw Sokolowski -v- Casual Dining Services Limited