Mr J Irons & 6 Others (see schedule) v Blue Group UK Retail Limited T/A Harveys Furniture (In Administration) — 2022

The tribunal dealt with a Rule 21 judgment because the respondent presented no response. It found that the claimants listed in the schedule were employed by Blue Group UK Retail Limited T/A Harveys Furniture (in Administration) and were dismissed by reason of redundancy on 18 August 2020. The respondent employed more than 20 employees and nearly all were made redundant on or around the same date.

The tribunal found there had been no proper warning, notice, or consultation with the workforce, and that the dismissals were implemented without consultation or advance notice. It held that the respondent did not adequately comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and, under section 189(1)(d), (2), (3) and (4), made a protective award in favour of the claimants listed in the attached schedule for a protected period of 90 days beginning on 18 August 2020.

The judgment records that this was a two-stage process and that no financial awards were made at this stage. The tribunal noted that the claimants would later need to seek payment of individual awards, and that any dispute about payment would be dealt with separately under section 192 of the 1992 Act. The Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 were stated to apply.