Claimant v Tolent Construction Limited "In Administration"
Outcome
Individual claims
The respondent dismissed 20 or more employees as redundant at multiple sites without proper warning or consultation with a recognised trade union or the claimants, and no employee representatives had been elected or appointed. This constituted a clear breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Facts
Tolent Construction Limited entered administration on 13 February 2023 and dismissed 45 employees as redundant across three sites in the North East and Yorkshire without consultation. The respondent failed to consult with a recognised trade union or the claimants themselves, and no employee representatives were elected or appointed as required by statute. The administrator agreed to lift the moratorium to allow protective award claims to proceed. The respondent did not defend the claims.
Decision
The tribunal found the respondent in breach of its duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and awarded the maximum protective award of 90 days remuneration to all 45 claimants. The judgment was entered under Rule 21 without a hearing as the respondent indicated it would not defend the claims.
Practical note
Even when a company enters administration, failure to comply with collective consultation requirements under TULR(C)A 1992 will result in the maximum 90-day protective award for affected employees.
Legal authorities cited
Statutes
Case details
- Case number
- 2501070/2023
- Decision date
- 29 July 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No