Claimant v SH Structures Ltd (in administration)
Outcome
Individual claims
The First Respondent proposed to dismiss more than 20 employees as redundant at the same establishment but failed to appoint or elect employee representatives and conducted no collective consultation as required under s.188 TULRCA 1992. There was no recognised trade union. The tribunal found the complaints well-founded.
Facts
SH Structures Ltd went into administration and dismissed more than 20 employees as redundant from its establishment at Moor Lane Trading Estate, Sherburn in Elmet, with effect from 4 April 2024. There was no recognised trade union and the company failed to appoint or elect employee representatives or conduct any collective consultation as required by law. Forty-three former employees brought claims for failure to inform and consult. The respondents did not attend the hearing.
Decision
The tribunal declared the complaints well-founded. The First Respondent was ordered to pay a protective award of 90 days remuneration to each claimant from 4 April 2024 for its complete failure to comply with collective consultation obligations under s.188 TULRCA 1992. One duplicate claim was dismissed.
Practical note
Employers proposing collective redundancies of 20 or more employees must ensure proper election of employee representatives and meaningful consultation even when facing insolvency, or face protective awards of up to 90 days pay per employee.
Legal authorities cited
Statutes
Case details
- Case number
- 1804724/2024
- Decision date
- 2 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister