Cases3200221/2025

Claimant v Coco Lighting Limited

27 November 2025Before Employment Judge CarpenterLondon Eastremote video

Outcome

Claimant succeeds

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in relation to collective redundancy consultation. The respondent did not attend the hearing to contest the claim. The tribunal made a protective award for the maximum period of 90 days.

Facts

Coco Lighting Limited, a company in voluntary liquidation, made 16 employees redundant on 20 January 2025. The respondent failed to comply with the collective redundancy consultation requirements under section 188 of TULRCA 1992. The respondent did not attend the tribunal hearing to contest the claims.

Decision

The tribunal found the complaint well founded and made a protective award for the maximum period of 90 days, ordering the respondent to pay the claimants remuneration for the protected period beginning on 20 January 2025. Recoupment regulations apply.

Practical note

Employers must comply with statutory collective consultation duties even when entering insolvency, as tribunals will award the maximum 90-day protective award where there has been complete failure to consult on collective redundancies.

Legal authorities cited

Statutes

TULRCA 1992 s.188TULRCA 1992 s.189(3)Employment Protection (Recoupment of Jobseeker's Allowance & Income Support) Regulations 1996

Case details

Case number
3200221/2025
Decision date
27 November 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
manufacturing
Represented
No

Claimant representation

Represented
Yes
Rep type
solicitor