Cases2305088/2024

Claimant v Clean Cold Power UK Limited (in administration)

10 December 2025Before Employment Judge LumbyCroydonremote video

Outcome

Claimant succeeds£60,291

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found the respondent failed to collectively consult with employees and failed to elect employee representatives before making redundancies, in breach of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. The respondent did not attend to defend the claim. A protective award of the maximum 90 days was granted.

Facts

The claimant was employed by Clean Cold Power UK Limited, which subsequently entered administration. The respondent made redundancies without collectively consulting with employees and without electing employee representatives as required by law. The respondent did not attend the hearing to defend the claim.

Decision

The tribunal found in favour of the claimant and awarded a protective award of £60,290.70 for the respondent's breach of section 188 of TULR(C)A 1992. The respondent failed to comply with its statutory obligations to inform and consult with employees before making redundancies.

Practical note

Employers in administration remain subject to collective consultation obligations under section 188 TULR(C)A 1992, and failure to comply can result in protective awards of up to 90 days' pay per affected employee.

Award breakdown

Legal authorities cited

Statutes

Trade Union & Labour Relations (Consolidation) Act 1992 s.188

Case details

Case number
2305088/2024
Decision date
10 December 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
energy
Represented
No

Claimant representation

Represented
No