Claimant v Paperchase Products Limited (in Administration)
Outcome
Individual claims
The tribunal held that the duty to consult under section 188 TULRCA did not apply on 28 January 2021 because the respondent proposed to dismiss fewer than 20 employees during the relevant 90-day reference period. Previous dismissals from September-December 2020 fell within a separate reference period that had ended.
Facts
The claimant was employed by Paperchase from April 2008 to January 2021. The respondent first proposed 10 redundancies from 27 employees in September 2020, with dismissals occurring December 2020. The claimant avoided redundancy then but secured alternative employment. The respondent entered administration in January 2021 and dismissed the claimant and 16 colleagues on 28 January 2021. The claimant claimed a protective award for failure to consult under TULRCA section 188.
Decision
The tribunal dismissed the claim, holding that the respondent was not required to consult collectively because fewer than 20 employees were dismissed in the 90-day reference period beginning 28 January 2021. The previous redundancies in September-December 2020 fell within a separate, concluded reference period and could not be aggregated with the January 2021 dismissals under section 188.
Practical note
Redundancy dismissals in different 90-day reference periods cannot be aggregated to meet the 20-employee threshold for collective consultation obligations, even where they are closely linked events involving the same employer.
Legal authorities cited
Statutes
Case details
- Case number
- 2407433/2021
- Decision date
- 24 October 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 13 years
Claimant representation
- Represented
- No