Claimant v TEF Transport Limited (In administration)
Outcome
Individual claims
The tribunal found the complaint that the respondent failed to comply with the requirements of section 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. The respondent, which entered administration, failed to properly inform and consult employees about collective redundancies. A protective award of 90 days was made beginning 29 November 2024.
Facts
TEF Transport Limited entered administration and made 39 employees redundant on 29 November 2024. The respondent failed to comply with statutory requirements to inform and consult employees about collective redundancies under sections 188 and 188A of TULRCA 1992. The Secretary of State was joined under rule 95. The Administrator consented to proceedings continuing and the claimants' representative provided information by email dated 14 October 2025.
Decision
The tribunal found the failure to inform and consult complaint well-founded and made a protective award of 90 days in favour of all 39 claimants, beginning 29 November 2024. The recoupment provisions apply to the award. The judgment was made on the papers under rule 22.
Practical note
Employers in administration still have statutory duties to inform and consult on collective redundancies, and tribunals will award the maximum 90-day protective award where these duties are breached.
Legal authorities cited
Statutes
Case details
- Case number
- 1801209/2025
- Decision date
- 25 November 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No