Cases1402447/2024

Claimant v Alderley Systems Ltd (In Administration)

21 November 2025Before Employment Judge CuthbertBristolremote video

Outcome

Claimant succeeds

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the first respondent failed to comply with section 188(1) of the Trade Union & Labour Relations (Consolidation) Act 1992 to consult with appropriate representatives of affected employees prior to the collective redundancy dismissals that took effect from 24 July 2024. The first respondent, being in administration, did not enter a response or defend the claim.

Facts

Alderley Systems Ltd entered administration and made 19 employees redundant with effect from 24 July 2024 from its establishment in Wickwar, Gloucestershire. The company failed to consult with appropriate employee representatives before implementing the collective redundancy dismissals as required by statute. The company did not enter a response to the claims and the Secretary of State for Business and Trade provided only written submissions.

Decision

The tribunal found that the first respondent breached its duty under section 188(1) TULRCA 1992 to consult prior to collective redundancy. A protective award of the maximum 90 days was ordered for all 19 claimants, with the protected period commencing on 24 July 2024 when the first dismissals took effect.

Practical note

Employers facing insolvency must still comply with collective consultation obligations, and failure to do so will result in a maximum 90-day protective award for affected employees.

Legal authorities cited

Statutes

TULRCA 1992 s.188(1)

Case details

Case number
1402447/2024
Decision date
21 November 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
technology
Represented
No

Claimant representation

Represented
Yes
Rep type
solicitor