J Husbands and others v Cemex UK Operations Ltd: 1807121/2020 and others

Judgment Date12 January 2022
Citation1807121/2020 and others
Date12 January 2022
Published date19 January 2022
CourtEmployment Tribunal
Subject MatterUnfair Dismissal
Case No: 1807121/2020 and 7 others
10.8 Reasons rule 62(3) March 2017
EMPLOYMENT TRIBUNALS
Claimants: (1) John Husbands
(2) Andrew Shutt
(3) Chris Donnelly
(4) Jamie Lotherington
(5) Phillip Shutt
(6) Stephen Senior
(7) Craig Donnelly
(8) Andrew Fewkes
Respondent: Cemex UK Operations Limited
Heard at: Leeds by CVP On: 19 November 2021
Before: Employment Judge Maidment
Representation
Claimant: Mr M Brien, Counsel
Respondents: Mr A Sendall, Counsel
JUDGMENT AS TO REMEDY having been sent to the parties on 3
December 2021 and written reasons having been requested by the claimants in
accordance with Rule 62(3) of the Employment Tribunals Rules of Procedure
2013, the following reasons are provided:
REASONS
Remedy issues and evidence
1. This was a remedy hearing to determine the issue of reinstatement (no
alternative job was identified in the context of a re-engagement) and/or
awards of compensation to the claimants consequential on their successful
unfair dismissal complaints in a Reserved Judgment sent to the parties on
27 May 2021. This arose out of a determination that the claimants did not
transfer pursuant to TUPE from the respondent to Breedon, to whom the
respondent had sold part of its business on 31 July 2020. These reasons
should be read together with that Reserved Judgment and Written Reasons
as to liability.

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