Claimant v The Silk Bureau Limited (in voluntary liquidation)
Outcome
Individual claims
The Respondent proposed to dismiss 20 or more employees as redundant within 90 days and failed to organise the election of employee representatives or to consult with them in accordance with sections 188 and 188A TULRCA. There was no compliance at all with the relevant requirements.
Facts
The Respondent company, in voluntary liquidation, proposed to dismiss 20 or more employees including 15 claimants as redundant within 90 days. The claimants were dismissed on 17 January 2025. The Respondent completely failed to organise the election of employee representatives or to consult with them as required by TULRCA sections 188 and 188A. The Respondent failed to present a response to the claim.
Decision
The tribunal found the complaints under TULRCA section 189 well founded as a Rule 22 default judgment. The tribunal awarded the maximum protective award of 90 days remuneration to each claimant, applying the principle from Susie Radin that where there is no consultation at all, the maximum period should be awarded unless mitigating factors exist. No mitigating factors were advanced.
Practical note
Complete failure to comply with collective consultation obligations in redundancy situations will result in the maximum 90-day protective award unless the employer can demonstrate mitigating circumstances.
Legal authorities cited
Statutes
Case details
- Case number
- 1301686/2025
- Decision date
- 24 September 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- solicitor