Mrs M Hill v Late Rooms Limited (in Administration) — 2021

This was a Rule 21 judgment because no valid response had been presented by the respondent. The tribunal recorded that the claims arose from the respondent's administration and that the necessary consent to proceed had been given. It then found that Late Rooms Limited failed to consult with the claimant as a person who may be affected by proposals to dismiss, or measures taken in connection with the dismissal of, 20 or more employees, in breach of section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.

The tribunal held that the claimant was entitled to a protective award for a protected period of 90 days from 2 August 2019, the date of the first dismissal in respect of which the consultation obligation arose. It noted that a protective award is a two-stage process and that no financial award is made at this stage; the claimant must later seek payment of the individual award from the respondent or the Secretary of State, and any dispute as to amount is dealt with by a further claim under section 192 of the 1992 Act.

The claimant's breach of contract claim for notice pay also succeeded. The tribunal found she was entitled to 10 weeks' notice, that she earned no sums in mitigation and received no state benefits during the notice period, and that the respondent had failed to pay her notice pay. Damages were assessed at £6,250 gross, calculated from an annual salary of £32,500, or £625 per week, and the tribunal noted that the sum would be subject to the appropriate deductions for tax and national insurance.