Claimant v ALLPLANTS Limited (in administration)
Outcome
Individual claims
The respondent failed to comply with section 188 TULRCA 1992 requiring collective consultation before making 20 or more employees redundant. There was no recognised trade union or elected employee representatives at the establishment, and the claimants were dismissed without any consultation having taken place. The tribunal found a clear breach of the statutory duty to collectively consult.
Facts
29 employees were made redundant from ALLPLANTS Limited's establishment at Solar House, London on or after 22 November 2024. The company, which went into administration, dismissed 20 or more employees without any collective consultation. There was no recognised trade union or elected employee representatives at the establishment. The administrators consented to the protective award claim proceeding.
Decision
The tribunal found the respondent failed to comply with its duty under section 188 TULRCA 1992 to collectively consult before making collective redundancies. The tribunal made a protective award for the maximum period of 90 days beginning 22 November 2024, applying the principle that protective awards are punitive and should be maximal unless circumstances justify otherwise.
Practical note
Employers must comply with collective consultation obligations even when entering administration, and failure to do so will result in maximum protective awards absent mitigating circumstances.
Legal authorities cited
Statutes
Case details
- Case number
- 3300870/2025
- Decision date
- 30 July 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- food services
- Represented
- No
Claimant representation
- Represented
- No