Mr M Lyon and others (see Schedule) v Nationwide Crash Repair Centres Ltd and others (see Schedule) — 2021

This was a paper determination with no attendance by any party. The claimants listed in the schedule had been employed by respondent group companies at an establishment at Moorside Road, Swinton, and were dismissed by reason of redundancy on 4 September 2020. The tribunal found that the respondents had not fully informed and consulted with the claimants in accordance with s.188 and s.188A of the Trade Union and Labour Relations (Consolidation) Act 1992, and that the claimants had brought individual complaints under s.189 seeking protective awards.

The Administrators had emailed on 14 September 2021 seeking a consent order that would give consenting claimants a 90-day protective award. The tribunal declined to accede to that proposal because some claimants worked in smaller establishments where it appeared there was unlikely to have been a proposal to make 20 or more employees redundant, referring to USDAW and anor v Ethel Austin Ltd and ors [2015] ICR 675. It also considered that the proposed order dealt with ranking in the administrations, which was not a matter for the tribunal to determine.

On the information provided by the claimants, the tribunal was satisfied that Moorside Road, Swinton was an establishment at which more than 20 people were proposed to be made redundant. It therefore made a 90-day protective award in favour of the claimants at that establishment who had indicated consent to the proposed order, and also in favour of those who were pursuing protective award claims but had not expressly consented. No costs or fees order was made, and each party was left to bear its own costs and fees. The Employment Protection (Recoupment of Benefits) Regulations 1996 were stated to apply to the award.