Mrs K Hughes v R1 AL Realisations Limited (in Administration) R2 The Secretary of State for Business Energy and Industrial Strategy CONSENT — 2021

This was a consent judgment. The claimant, Mrs K Hughes, was employed by AL Realisations Limited (in Administration). The judgment records that the first respondent was placed into administration on 23 March 2020, with further administrators appointed on 17 April 2020 and 3 July 2020. It also records that the claimant was dismissed by reason of redundancy on 9 October 2020, and that the protected period for the purposes of the claim began on that termination date.

The claimant brought a complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 seeking a protective award for failure to consult under sections 188 and 188A. The tribunal recorded that the claimant was assigned to an establishment where 20 or more redundancies were proposed within a 90-day period, and that the respondent did not fully inform and consult with the claimant in accordance with the statutory provisions. The tribunal therefore made a protective award in the claimant's favour for a protected period of 35 days, capped at the amount payable by the Redundancy Payments Service and subject to any deductions required by law.

The judgment states that there was no order for costs or fees, and that each party was to bear its own costs and fees. It also records that the Recoupment Regulations apply to the judgment, with no recoupment notice applying to the Secretary of State for Business, Energy and Industrial Strategy.