Mr G Legge v R1 AL Realisations Limited (in Administration) R2 The Secretary of State for Business Energy and Industrial Strategy CONSENT — 2020

This was a consent judgment in which the tribunal recorded that Mr G Legge was employed by AL Realisations Limited (in Administration). The judgment notes the appointments of joint and additional administrators, and records that the claimant was dismissed by reason of redundancy on 2 September 2020. The parties agreed, for the purposes of the consent judgment, that the protected period 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. The tribunal recorded that the claimant was assigned to an establishment where 20 or more redundancies were proposed within 90 days, and that the respondent did not fully inform and consult with the claimant in accordance with sections 188 and 188A of the Act.

The tribunal 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 also states that the Recoupment Regulations apply, but that any recoupment notice does not apply to the Secretary of State for Business, Energy and Industrial Strategy. No order was made for costs or fees, with each party bearing its own costs and fees.