Claimant v Jupiter Marketing Limited (in Administration)
Outcome
Individual claims
The First Respondent failed to adequately comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 regarding collective consultation prior to redundancies. The claim was agreed by consent with the administrators and the tribunal ordered a protective award of 90 days commencing from the date of the first dismissal on 5 September 2022.
Facts
Jupiter Marketing Limited entered administration and made 23 employees redundant effective 5 September 2022. The company failed to carry out proper collective consultation as required by section 188 TULR(C)A 1992 before making the redundancies. The claimants brought claims for protective awards, which were agreed by consent with the administrators, subject to lifting of the insolvency moratorium. The Secretary of State was joined as second respondent.
Decision
The tribunal granted a protective award by consent for 90 days' remuneration to all 23 claimants, beginning on 5 September 2022. Payments would be treated as unsecured dividends subject to normal preferential debts in the insolvency. Recoupment provisions apply. No order as to costs.
Practical note
Where a company in administration fails to consult before collective redundancies, protective awards can still be obtained by consent order, with payments ranking as unsecured debts subject to recoupment of state benefits already paid.
Legal authorities cited
Statutes
Case details
- Case number
- 1301446/2023
- Decision date
- 1 October 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- Yes
Claimant representation
- Represented
- Yes