Mr D Robertson and Others v The Floor Room Ltd (In administration): 4107296/2024 and Others
JUDGMENT
BY CONSENT Rule 62 of the Employment Tribunal Procedure Rules 2024 This Judgment is made by consent in accordance with Rule 62 of the Employment Tribunal Procedure Rules 2024. Upon the Claimants, represented by Dallas McMillan LLP, reaching agreement with the Respondent as to the terms of this Judgment, and by consent, the Judgment of the Tribunal is as follows:[1]The Tribunal makes a protective award under section 189(2) of the Trade Union and Labour Relations (Consolidation) Act (1992) ("TULR(C)A") in respect of each of the individuals listed in the Schedule, who were dismissed by the Respondent as redundant on the relevant date set out within the Schedule.[2]The protected period for each individual set out in the Schedule under section 189(4), TULR(C)A, is a period of 70 days beginning on the date that the first of the dismissals in the relevant establishment took effect (described in the Schedule as “First Termination Date at Establishment”). The recoupment regulations apply to the protective awards.REASONS
[3]This Judgment reflects the terms agreed between the parties. Under Rule 62 the Tribunal may make a judgment in agreed terms.[4]This Judgment is restricted to those matters over which the Tribunal has jurisdiction.[5]This protective award applies only in respect of those individuals listed in the Schedule, who were all employees of the Respondent and were employed as In-Home Consultants, and no other Claimant in these proceedings or any other person shall be entitled to participate in such award by reason of this Judgment. The Respondent makes no admissions of liability in respect of any other Claimant in these proceedings or in respect of any former employee of the Respondents who does not fall within the list of individuals within the Schedule.[6]However, the Tribunal notes that the parties are also agreed on the following:a. Dallas McMillan LLP shall write to the Claimants listed within the Schedule to confirm that a protective award has been made along with the details of the process associated in claiming any sums due (including the process by which a claim may be submitted to the Redundancy Payments Service (“RPS”)) within 28 days of the date of this Judgment.b. Any part of any award which is not paid to the relevant individual by the RPS following submission of an application to the RPS by (or on behalf of) the relevant individual will rank as an unsecured creditor claim in the administration of the Respondent.c. The parties have agreed not to make any costs applications arising out of the matters referred to in this Judgment. 12 June 2025 SCHEDULE OF CLAIMANTS In accordance with Paragraph 2 above, the individuals who shall be entitled to receive a 70 day protective award are: Case number Name Establishment First Termination Date at Establishment 4107296/2024 D Robertson In-Home 9 August 2024 4107298/2024 S Robertson In-Home 9 August 2024 4107299/2024 S Gregor In-Home 9 August 2024