Cases8001808/2024

Claimant v CPR Realisations Limited

18 August 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant succeeds

Individual claims

Failure to Inform & Consultsucceeded

The tribunal made a protective award under section 189(2) TULR(C)A by consent, finding the respondent failed to properly inform and consult on collective redundancies. The claimant was dismissed as redundant on 22 July 2024 and the tribunal awarded a protected period of 56 days from the date of first dismissals.

Facts

The claimant was employed as an In-Home Consultant by CPR Realisations Limited (in administration). He was dismissed as redundant on 22 July 2024. The respondent failed to properly inform and consult employees in accordance with section 189 TULR(C)A regarding collective redundancies. The parties reached agreement and consented to a protective award being made.

Decision

The tribunal made a protective award by consent under section 189(2) TULR(C)A for a protected period of 56 days beginning from the date the first dismissals took effect. The recoupment regulations apply. The claimant may claim from the Redundancy Payments Service, with any shortfall ranking as an unsecured creditor claim in the administration.

Practical note

Employers in administration remain liable for protective awards for failure to inform and consult on collective redundancies, though enforcement may be limited to claims against the Redundancy Payments Service with residual unsecured creditor status.

Legal authorities cited

Statutes

Trade Union and Labour Relations (Consolidation) Act 1992 s.189(2)Trade Union and Labour Relations (Consolidation) Act 1992 s.189(4)

Case details

Case number
8001808/2024
Decision date
18 August 2025
Hearing type
default judgment
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Employment details

Role
In-Home Consultant

Claimant representation

Represented
No