Cases2305337/2024

Claimant v Tenet Group Limited (In Administration)

10 November 2025Before Employment Judge E FowellLondon South (Croydon)remote video

Outcome

Claimant succeeds

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the first respondent dismissed 95 employees on grounds of redundancy on 5 June 2024 without any consultation, in breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. There was no recognised trade union and no employee representatives were elected for consultation purposes. The administrators did not contest the claim.

Facts

Fifteen claimants were among 95 employees summarily dismissed by Tenet Group Limited on 5 June 2024 when the company went into administration. All claimants worked from home and were dismissed during a single Teams call without any prior notice or consultation. The company had not informed employees about any proposal to dismiss them ahead of the administrators' appointment, had no recognised trade union, and did not elect any employee representatives for consultation purposes.

Decision

The tribunal found that the first respondent had failed to comply with its duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 to consult about collective redundancies. Each claimant was awarded the maximum 90-day protective award from 6 June 2024, uplifted by 25% for breach of the ACAS Code of Practice. The administrators had consented to the proceedings and did not contest the claim.

Practical note

Employers in administration who dismiss 20 or more employees without any collective consultation face the maximum 90-day protective award per employee, which can be increased by up to 25% for failure to follow the ACAS Code.

Adjustments

ACAS uplift+25%

The tribunal applied a 25% uplift to each protective award for the first respondent's failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, given the lack of any consultation.

Legal authorities cited

Susie Radin v GMB [2004] IRLR 400

Statutes

Trade Union and Labour Relations (Consolidation) Act 1992 s.189Trade Union and Labour Relations (Consolidation) Act 1992 s.188Trade Union and Labour Relations (Consolidation) Act 1992 Schedule A2Employment Protection (Recoupment of Benefits) Regulations 1996

Case details

Case number
2305337/2024
Decision date
10 November 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No