Claimant v Extraspace Solutions (UK) Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirements of sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992, which require employers to inform and consult with employees about collective redundancies. A protective award was made in favour of the claimants.
Facts
Extraspace Solutions (UK) Limited entered administration and made 83 employees redundant on 23 September 2024. The respondent failed to comply with its statutory obligations under sections 188 and 188A of TULR(C)A 1992 to inform and consult employees about the collective redundancies. The claimants brought claims for failure to inform and consult, with the Secretary of State joined as an interested party. A consent judgment was proposed and approved.
Decision
The tribunal found the complaint well-founded and awarded a protective award of 70 days pay to all 83 claimants, beginning on 23 September 2024. The recoupment provisions apply to the award. The judgment was made under rule 22 based on consent.
Practical note
Employers in administration must still comply with collective redundancy consultation obligations, and failure to do so will result in a protective award of up to 90 days pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 1811027/2024
- Decision date
- 28 November 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- Yes
Claimant representation
- Represented
- Yes