Claimant v Hinton Skips UK Limited (In Creditors Voluntary Administration)
Outcome
Individual claims
The respondent dismissed 29 employees including the claimant on grounds of redundancy without any consultation with appropriate representatives as required under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The liquidators confirmed no consultation took place with employees, trade unions, or representatives prior to redundancies. No response was filed and the tribunal found a complete failure to comply with statutory consultation requirements.
Facts
The claimant was one of 29 employees dismissed for redundancy on 29 June 2024 when Hinton Skips UK Limited went into administration. The claimant had less than two years service so could not claim unfair dismissal. The liquidators confirmed no consultation took place with employees, trade unions, or representatives before the redundancies. No response was filed to the protective award claim.
Decision
The tribunal awarded the maximum 90-day protective award beginning 30 June 2024 due to the respondent's complete failure to consult appropriate representatives as required by section 188 of the 1992 Act. The award was increased by 25% for failure to follow the ACAS Code. The award forms a claim in the liquidation and recoupment regulations apply.
Practical note
When 20 or more employees are made redundant simultaneously without any consultation, tribunals will award the maximum 90-day protective award with ACAS uplift, even where the company is insolvent.
Adjustments
Respondent failed to comply with ACAS Code of Practice on Disciplinary and Grievance Procedures - no consultation took place prior to dismissal
Legal authorities cited
Statutes
Case details
- Case number
- 6012234/2024
- Decision date
- 10 November 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No