Case 1804803/2020 · Employment Tribunal
1. Mr P Dyke 2. Mr D Field 3. Mr S Field 4. Mr D Brook 5. Mr S Denman 6. Mrs M Ryal 7. Mrs S Mitchell v Sash UK Ltd (In Administration) Heard on 10 February 2021 This has been a remote hearing, by remote video link (V): A hearing in person was not practicable because of the present restrictions due to Covid 19. — 2021
- Case reference
- 1804803/2020
- Decision date
- 10 February 2021
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
1. Mr P Dyke 2. Mr D Field 3. Mr S Field 4. Mr D Brook 5. Mr S Denman 6. Mrs M Ryal 7. Mrs S Mitchell
Key findings
Tribunal's reasoningThe respondent did not present a response to the claims. The administrator of the respondent had consented to the claims proceeding by email dated 13 August 2020. The tribunal, at a remote hearing before Employment Judge D N Jones on 10 February 2021, considered the statements of claimants 1, 2, 3, 5, 6 and 7.
The tribunal found that the respondent failed to comply with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. It declared the claims for protective awards well-founded in respect of the claimants employed at the respondent's premises at Ferrymoor Way, Grimethorpe, South Yorkshire, and who were dismissed as redundant on 12 June 2020.
The protected period was held to begin on 12 June 2020 and to last for 90 days. The tribunal said it was just and equitable to make the maximum award because there had been a complete failure to comply with the statutory requirements for collective consultation. The recoupment provisions were also said to apply, but the extracted text does not state a pounds-and-pence total.