Mr J Cox v GE Realisations 2023 Limited — 2024

The judgment was entered by consent under Rule 64. Mr J Cox was employed by GE Realisations 2023 Limited on 3 July 2023, and on that same date the respondent entered creditors’ voluntary liquidation and dismissed him by reason of redundancy.

The claimant brought a complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 seeking a protective award for the respondent’s failure to consult under sections 188 and 188A. The respondent accepted that the claimant was assigned to an establishment where 20 or more redundancies were proposed within 90 days, and accepted that it had not fully informed and consulted with him in accordance with those provisions.

The tribunal made a protective award in the claimant’s favour for a protected period of 56 days. The parties agreed that the protected period began on 3 July 2023, the award was capped at the amount payable by the Redundancy Payments Service under its regulations and limits, and any payment would be subject to the usual income tax and National Insurance deductions.

The judgment states that the protective award ranks as a preferential debt in the liquidation and that the RPS would pay the protective award payments. It also records that there was no order for costs or fees and that each party would bear its own costs and fees. The claims were extinguished in their entirety by the judgment.