Mr A Fenna v Late Rooms Limited (in Administration) — 2021

In a Rule 21 judgment at Manchester on 12 February 2021, Employment Judge Holmes found that Late Rooms Limited (in Administration) failed to consult Mr A Fenna as a person who may be affected by proposals to dismiss, or measures taken in connection with the dismissal of, 20 or more employees. The tribunal held that this was a breach of s.188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 and ordered a protective award for a protected period of 90 days from 2 August 2019.

The tribunal also found that Mr Fenna was dismissed without notice and was entitled to 7 weeks' notice, which it described as the statutory minimum and therefore overriding his one month contractual entitlement. On the figures stated in the judgment, 7 weeks at £923.00 gross per week came to £6,461.00, less £2,961.54 earned in new employment between 26 August and 27 September 2019, leaving £3,499.46 due. The judgment records that this sum is gross and that the respondent should deduct and account for tax and national insurance if any are due.

Mr Fenna's claim for contractually enhanced redundancy pay was dismissed. He had produced the respondent's Redundancy Policy, but the tribunal relied on the policy wording on the front page stating that it did not form part of the contract of employment. On that basis, the tribunal held that the policy lacked binding contractual status and rejected the claim for the excess over the statutory redundancy payment already received.