Mr M Jones and others (see schedule) v Vital Infrastructure Asset Management (VIAM) Limited (In Administration) and 1 other — 2022

The Tribunal recorded that consent had been granted for the scheduled claims to proceed against Vital Infrastructure Asset Management (VIAM) Limited, which was in administration. The respondents did not attend, and their responses were treated as written representations.

The Tribunal found that Mr M Jones, Mr R Sheehan and Mr B Jones were employed by the first respondent and were dismissed by reason of redundancy on or after 1 June 2021 by the Joint Administrators. It also found that the first respondent had three distinct establishments at Derby Road, Skelmersdale and Speke, with 20 or more employees assigned to each.

The Tribunal found that the first respondent proposed to make 20 or more redundancies at those establishments and did not fully inform and consult with the claimants as required by section 188 of the Act 1992. There was no proper warning or consultation and no employee representatives were elected or appointed under section 188A. The Tribunal therefore ordered a protective award under section 189(3), equivalent to 90 days' remuneration for each claimant, subject to the recoupment provisions set out in the judgment annex.