Claimant v Clean Cold Power UK Limited (in administration)
Outcome
Individual claims
The tribunal found that the respondent failed to collectively consult and to elect employee representatives in breach of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. A protective award was granted reflecting this breach of the collective consultation requirements in a redundancy situation.
Facts
The claimant was employed by Clean Cold Power UK Limited which entered administration. The respondent made redundancies but failed to carry out collective consultation as required by law and failed to elect employee representatives as required under section 188 TULRCA 1992. The respondent did not attend the hearing.
Decision
The tribunal found in favour of the claimant and awarded a protective award of £11,348.90 for the respondent's breach of its duty to collectively consult under section 188 of TULRCA 1992. The respondent's failure to attend meant the claim was heard in its absence.
Practical note
Employers facing redundancies must comply with collective consultation requirements under TULRCA 1992 even when in administration, and failure to do so will result in protective awards for affected employees.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2305087/2024
- Decision date
- 10 December 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- No
Claimant representation
- Represented
- No