Claimant v Patch (Windsor) Limited
Outcome
Individual claims
The respondent failed to comply with section 188 TULRCA 1992. 20 or more employees at the establishment were made redundant on or within 90 days of 7 January 2025. There were no recognised trade union or elected employee representatives at the establishment. The employees were dismissed without any consultation having taken place.
Facts
14 claimants were employed at the respondent's Southend on Sea establishment. On or around 7 January 2025, 20 or more employees at the establishment were made redundant without any prior consultation. There were no recognised trade unions or elected employee representatives. The first respondent is in creditors voluntary liquidation and did not file a response.
Decision
The tribunal found the respondent failed to comply with section 188 TULRCA 1992 regarding collective consultation. The claim for a protective award succeeded. The tribunal awarded the maximum protective award of 90 days remuneration from 7 January 2025, noting that protective awards are punitive and the maximum should be awarded unless there are circumstances making it unjust to do so.
Practical note
Employers who make 20 or more employees redundant at one establishment without collective consultation face the maximum 90-day protective award unless there are exceptional circumstances justifying a reduction.
Legal authorities cited
Statutes
Case details
- Case number
- 3301665/2025
- Decision date
- 29 October 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No