Claimant v Berrystead Nursing and Residential Home Limited T/A Berrystead Nursing Home
Outcome
Individual claims
Employment Judge V Butler had previously decided on 30 August 2023 that the respondent breached s.188 TULCRA requirements and the claimants were entitled to a protective award of 90 days' pay. The respondent failed to pay this protective award, and the subsequent s.192 TULCRA complaint was well-founded as the respondent did not submit an ET3 response.
Facts
This is an enforcement proceeding following an earlier protective award. On 30 August 2023, Employment Judge Butler found the respondent nursing home had breached s.188 TULCRA consultation requirements and awarded Mrs Edwards and Mrs Bhebe a protective award of 90 days' pay. The respondent failed to pay these amounts. On 22 December 2023, the claimants filed complaints under s.192 TULCRA to enforce the protective award. The respondent did not submit a response.
Decision
The tribunal found the s.192 TULCRA complaints well-founded. The respondent was ordered to pay Mrs Edwards £6,873.75 and Mrs Bhebe £6,825.00, representing their unpaid protective awards of 90 days' pay each.
Practical note
A protective award for failure to consult on collective redundancies is enforceable through s.192 TULCRA proceedings, and default judgment will be entered if the employer fails to respond.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2603340/2023
- Decision date
- 5 April 2024
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No