Baylis and others First v Zerpetz Limited (in administration) Second Respondent The Secretary of State for Business, Energy and Industrial Strategy — 2020

This hearing was concerned only with protective award claims under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The claimants were 12 employees at the First Respondent's single establishment at Arrow Business Park, Redditch. The tribunal recorded that the First Respondent entered administration on 8 July 2019, that all 49 employees at the establishment were dismissed by reason of redundancy, and that there was no recognised trade union or other appropriate representatives, nor any arrangements to elect them.

The tribunal held that the number of dismissals exceeded 20 at one establishment within a period of 90 days, so the statutory duty to consult applied. It found that there had been a total failure to inform or consult appropriate representatives, and that the failure to arrange an election of employee representatives also meant the section 188A obligations were not met. On that basis, the protective award claims were well founded.

Applying the guidance in Susie Radin Ltd v GMB and section 189(4)(b) TULRCA, the tribunal identified no mitigating circumstances that would justify reducing the award from the maximum. It therefore made the maximum protective award of 90 days' pay for each claimant, with the protected period running from 8 July 2019. The judgment also noted that if the First Respondent was insolvent, the Secretary of State would be liable subject to the statutory maximum under section 184 ERA 1996.

The judgment noted that other claims for breach of contract, holiday pay, arrears of pay and unfair dismissal were stayed until 31 July 2020 and were not part of this hearing.