Cases3303927/2024

Claimant v Inland Ltd (in administration)

Outcome

Claimant succeeds

Individual claims

Failure to Inform & Consultsucceeded

The respondent failed to comply with section 188 TULRCA 1992. 96 employees at the establishment were made redundant or placed at risk on or within 90 days of 31 October 2023. There was no recognised trade union or elected employee representatives and no consultation took place before dismissal.

Facts

The claimant was employed at the respondent's Beaconsfield establishment and made redundant on 19 January 2024. This was part of a large-scale redundancy affecting 96 employees commencing 31 October 2023. The respondent, in administration, failed to consult with a recognised trade union or elected employee representatives before dismissing employees. The respondent did not defend the claim but administrators consented to it proceeding.

Decision

The tribunal found the respondent failed to comply with section 188 TULRCA 1992 regarding collective consultation. A protective award was made for the maximum 90 day period beginning 31 October 2023, as there were no circumstances making it just to reduce the award below the maximum.

Practical note

Where an employer in administration fails to conduct any collective consultation before large-scale redundancies, tribunals will award the maximum 90-day protective award as these awards are punitive in nature.

Legal authorities cited

Statutes

TULRCA 1992 s.188TULRCA 1992 s.189(5)(b)

Case details

Case number
3303927/2024
Decision date
14 October 2025
Hearing type
default judgment
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No