Mr L Bruce and others (All as per Attached Schedule) v The People’s Energy Company Ltd (In Administration): 4111771/2021 and others
JUDGMENT
BY CONSENT The Judgment of the Employment Tribunal under Rule 64 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 is that:[1]The claimants were employed by the respondent and their place of work was 2 Wester Shawfair, Danderhall, Dalkeith EH22 1FD.[2]The respondent is The People’s Energy Company Ltd (In Administration), 1 West Regent Street, Glasgow G2 1RW. The respondent was an energy trader. There were approximately 400 employees.[4]The claimants were dismissed by reason of redundancy within the same 90- day period. The first of the dismissals to which these complaints relate took effect on 28 September 2021. ETZ4(WR)[5]Although the respondent informed the claimants of the need for redundancies, appointed employee representatives and consulted with those employee representatives, they were unable to inform and consult with the claimants to the full extent required by the provisions of section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”), due to the requirements of the supplier of last resort process.[6]The claimants have raised a complaint pursuant to section 189 of the Act seeking a protective award in respect of that failure.[7]The claimants’ claims are well founded, and succeed.[8]The protected period is 8 weeks, and each claimant is entitled to remuneration in respect of that period.[9]The Protective Award Payments shall not be an expense of the administration nor payable by the joint administrators of the respondent.[10]The claimants’ entitlement to the protective award payments shall rank and be distributed in due course to the claimants in the relevant proportion for creditors of the equivalent class, and in accordance with the Insolvency Act 1986 and The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018.[11]No order as to expenses is made. Employment Judge: Murdo Macleod Date of Judgment: 10 October 2022 Multiple Schedule Multiple: 4100115 - The People's Energy LTD Case Number Case Name 4111771/2021 Mr Luke Bruce -v- The People's Energy Company LTD (In Administration) 4111772/2021 Mr alasdair brown -v- The People's Energy LTD 4111773/2021 Mr jonathan muir -v- The People's Energy LTD 4111774/2021 Mr ewald scheepers -v- The People's Energy LTD 4111775/2021 Mr jason gray -v- The People's Energy LTD 4111776/2021 Mrs karin scott -v- The People's Energy LTD 4111777/2021 Mr richard hanrahan -v- The People's Energy LTD 4111778/2021 Mr richard hansell -v- The People's Energy LTD 4111779/2021 Miss lauren lambert -v- The People's Energy LTD 4111780/2021 Mrs veronika rosicova -v- The People's Energy LTD 4111781/2021 Mr diego diniz da silva -v- The People's Energy LTD RECONSIDERATION JUDGMENT[1]A Consent Judgment was issued by the Tribunal in the above cases dated 13 October 2022.[2]Following the issue of that Judgment, the parties have entered into correspondence with the Tribunal, as a result of which the Tribunal has considered it in the interests of justice to reconsider its Judgment under Rule 70 of the Employment Tribunals Rules of Procedure 2013.[3]The parties have consented to the variation of that Judgment in agreed terms. Accordingly, the Tribunal directs as follows:[1]The application for reconsideration is granted, of consent; ETZ4(WR)[2]The Judgment of the Tribunal is that paragraph 8 of the Judgment dated 13 October 2022 shall be varied, so that the paragraph now reads: “The protected period is 8 weeks beginning on 28 September 2021, and each claimant dismissed on, or within a period of 90 days starting with, that date is entitled to remuneration in respect of that period.”[3]The remainder of the Judgment of 10 November 2022 is unchanged.[5]The variation is therefore granted in terms to which all parties consent. Employment Judge: M Macleod Date of Judgment: 28 February 2023 Multiple Schedule Multiple: 4100115 - The People's Energy LTD Case Number Case Name 4111771/2021 Mr Luke Bruce -v- The People's Energy Company LTD (In Administration) 4111772/2021 Mr alasdair brown -v- The People's Energy LTD 4111773/2021 Mr jonathan muir -v- The People's Energy LTD 4111774/2021 Mr ewald scheepers -v- The People's Energy LTD 4111775/2021 Mr jason gray -v- The People's Energy LTD 4111776/2021 Mrs karin scott -v- The People's Energy LTD 4111777/2021 Mr richard hanrahan -v- The People's Energy LTD 4111778/2021 Mr richard hansell -v- The People's Energy LTD 4111779/2021 Miss lauren lambert -v- The People's Energy LTD 4111780/2021 Mrs veronika rosicova -v- The People's Energy LTD 4111781/2021 Mr diego diniz da silva -v- The People's Energy LTD