Claimant v Simply Better Solutions Limited
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 Administrator agreed that the essential requirements for an entitlement to a protective award were met. The respondent failed to consult employees before collective redundancies in the context of administration.
Facts
Simply Better Solutions Limited entered administration and made 22 employees redundant on 30 September 2024. The respondent failed to comply with statutory requirements to inform and consult employees under sections 188 and 188A of TULR(C)A 1992. The Administrator consented to proceedings continuing and agreed the essential requirements for a protective award were met. The Secretary of State for Business and Trade was joined as an interested party under rule 95.
Decision
The tribunal found the complaint well-founded and made a protective award in favour of all 22 claimants for the maximum period of 90 days beginning 30 September 2024. The recoupment provisions apply, meaning the Secretary of State will pay the awards from the National Insurance Fund due to the respondent's insolvency.
Practical note
Employers in administration must still comply with collective consultation obligations under TULR(C)A 1992, 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
- 1810309/2024
- Decision date
- 21 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No