Claimant v H.P.A.S Limited trading as Safestyle UK (in administration)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with section 188(1) of TULR(C)A 1992 requiring consultation about proposed dismissals. This was a Rule 21 default judgment due to the respondent's failure to respond or participate.
Facts
Seven claimants brought claims against H.P.A.S Limited trading as Safestyle UK, which was in administration. The respondent failed to respond to the claims. The claimants were dismissed on or around 30 October 2023 as part of what appears to be a collective redundancy situation. The respondent failed to comply with statutory consultation requirements under section 188(1) of TULR(C)A 1992.
Decision
The tribunal issued a Rule 21 default judgment in favour of all seven claimants, finding that the respondent failed to consult about proposed dismissals as required by law. A protective award of 90 days remuneration was made to each claimant, with the protected period running from 30 October 2023.
Practical note
Employers in administration still have obligations to consult with affected employees before collective redundancies, and failure to do so will result in protective awards even where the company is insolvent and does not defend the claim.
Legal authorities cited
Statutes
Case details
- Case number
- 2400671/2024
- Decision date
- 23 July 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No