Claimant v Clean Cold Power UK Limited (in administration)
Outcome
Individual claims
The respondent failed to collectively consult with employees and failed to elect employee representatives in breach of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. The tribunal awarded a protective award reflecting this breach.
Facts
The claimant was employed by Clean Cold Power UK Limited which subsequently entered administration. The respondent failed to collectively consult with employees and failed to elect employee representatives prior to redundancy dismissals. The respondent did not attend the hearing and the claimant appeared in person.
Decision
The tribunal found that the respondent had breached its statutory duty under section 188 TULRCA 1992 to inform and consult collectively with employees. The tribunal awarded a protective award of £12,698.16 to compensate for this breach.
Practical note
Employers in administration remain subject to collective consultation obligations under TULRCA 1992 and failure to consult will result in a protective award, even where the respondent does not participate in proceedings.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2305089/2024
- Decision date
- 10 December 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- No
Claimant representation
- Represented
- No