Claimant v Folkestone Fixings Limited (In administration)
Outcome
Individual claims
The tribunal made a protective award under section 189(2) of TULR(C)A by consent, finding that the respondent failed to properly consult before dismissing the claimant as redundant following administration. The award reflects the maximum 90-day protected period, commencing from the date the first dismissals took effect on 20 September 2024.
Facts
The claimant was dismissed as redundant on 20 September 2024 following the respondent company entering administration. The respondent failed to properly inform and consult with affected employees before making collective redundancies, breaching obligations under TULR(C)A. The parties reached agreement on a protective award by consent.
Decision
The tribunal made a protective award of 90 days under section 189(2) TULR(C)A by consent, commencing from 20 September 2024 when the first dismissals took effect. Recoupment regulations apply, and any unpaid amounts will rank as unsecured creditor claims in the administration. No costs orders were made.
Practical note
Employers in administration must still comply with collective redundancy consultation obligations under TULR(C)A, and failure to do so will result in protective awards of up to 90 days pay.
Legal authorities cited
Statutes
Case details
- Case number
- 2309610/2024
- Decision date
- 20 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No