Automated Summary
Key Facts
The claimant, Mr. D Farrell, successfully argued that the respondent (Late Rooms Limited in Administration) failed to consult with him regarding proposed dismissals of 20 or more employees, breaching section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. The Tribunal awarded a protective entitlement for 90 days starting August 2, 2019, with the claimant required to seek payment separately. The claim for notice pay remains contingent on the claimant providing requested information by 29 January 2021, or it will be dismissed for lack of active pursuit.
Issues
- The claimant is entitled to a protective award for 90 days from 2 August 2019, ordered by the Tribunal under s.188(1) of the Act.
- The claimant must submit requested information by 29 January 2021 to pursue the notice pay claim, or it will be struck out for inactivity.
- The respondent failed to consult with the claimant as a person affected by proposals to dismiss 20 or more employees, breaching s.188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.
Holdings
- The respondent 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 s.188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.
- The claimant is entitled to a protective award of remuneration for the protected period of 90 days from 2 August 2019. The Tribunal orders the respondent to pay this award.
Remedies
The claimant is entitled to a protective award of remuneration for the protected period of 90 days from 2 August 2019.
Legal Principles
The respondent failed to consult with the claimant as required under s.188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, entitling the claimant to a protective award for the protected period of 90 days from 2 August 2019. The Tribunal also noted that the claim for notice pay may be struck out if the claimant does not provide requested information by 29 January 2021.
Cited Statute
Trade Union and Labour Relations (Consolidation) Act 1992
Judge Name
Holmes
Passage Text
- 3. If the claimant wishes to pursue any claim for notice pay, he must by no later than 29 January 2021 provide to the Tribunal the information requested of him in the Tribunal's letter of 12 October 2020, failing which the claim for notice pay will be struck out on the grounds that it is not being actively pursued.
- 1. The respondent 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 s.188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.
- 2. The claimant is entitled to, and the Tribunal orders the respondent to pay, a protective award. That award is an award of remuneration for the protected period of 90 days from 2 August 2019.