Claimant v Russell Ductile Castings Limited (In Administration)
Outcome
Individual claims
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, which requires employers to inform and consult with employee representatives before making collective redundancies. The Respondent was in administration and failed to fulfil its statutory consultation obligations.
Facts
Russell Ductile Castings Limited, a manufacturing company, entered administration and made 28 employees redundant on or around 21 May 2024. The company failed to comply with its statutory duty under Section 188 TULRCA 1992 to inform and consult with employee representatives before making the collective redundancies. All 28 affected employees brought claims for protective awards.
Decision
The tribunal found the claims well-founded and awarded the maximum protective award of 90 days to all claimants, with the protected period beginning on 21 May 2024. The recoupment regulations apply to these awards.
Practical note
Employers facing insolvency must still comply with collective consultation obligations under Section 188 TULRCA 1992, and failure to do so will result in a protective award of up to 90 days' pay for each affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 1807190/2024
- Decision date
- 13 November 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No