Claimant v Hochanda Global Limited (In Administration)
Outcome
Individual claims
The tribunal found that the first respondent failed to comply with section 188 of TULR(C)A 1992 by dismissing 20 or more employees on or within 90 days of 25 October 2024 without any consultation having taken place, and there was no recognised trade union or elected employee representatives at the establishment.
Facts
92 claimants employed at Hochanda Global Limited's Peterborough establishment were made redundant on 25 October 2024 when the company went into administration. 20 or more employees were dismissed without any consultation having taken place. There was no recognised trade union or elected employee representatives at the establishment. The administrators consented to the protective award proceeding.
Decision
The tribunal found that the first respondent breached section 188 of TULR(C)A 1992 by failing to inform and consult. A protective award of the maximum 90 days was made beginning on 25 October 2024, applying the principle that protective awards are punitive and there were no circumstances making it just to reduce the period.
Practical note
Employers entering administration who dismiss 20 or more employees without conducting collective consultation will face the maximum 90-day protective award unless there are exceptional circumstances.
Legal authorities cited
Statutes
Case details
- Case number
- 3301112/2025
- Decision date
- 5 August 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No