Claimant v SVL Healthcare Services Ltd (In Administration)
Outcome
Individual claims
The tribunal found that the first respondent failed to comply with section 188(1) of the Trade Union & Labour Relations (Consolidation) Act 1992, which requires consultation with appropriate representatives of affected employees before collective redundancies. All 14 claimants were dismissed from the same establishment when the company entered administration, triggering the consultation requirements which were not met.
Facts
Fourteen employees of SVL Healthcare Services Ltd were dismissed on 30 August 2024 when the company entered administration. The employees were all based at the same establishment in Yate, Bristol. The first respondent failed to consult with appropriate employee representatives before making the collective redundancies as required by statute. The first respondent did not enter a response and the second respondent (the Secretary of State) provided written submissions only.
Decision
The tribunal found that the first respondent breached its statutory duty to consult under section 188(1) TULR(C)A 1992. A protective award was ordered for all 14 claimants for the maximum period of 90 days, beginning from the date the first dismissals took effect on 30 August 2024.
Practical note
Employers facing collective redundancies must comply with consultation requirements even when entering administration, and failure to do so will result in a maximum 90-day protective award for affected employees.
Legal authorities cited
Statutes
Case details
- Case number
- 1403211/2024
- Decision date
- 22 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister