Claimant v Gemini Print Southern Limited
Outcome
Individual claims
The tribunal found the first respondent failed to comply with section 188 of TULRCA 1992 requiring consultation before collective redundancies. The respondent failed to present a response and the Secretary of State did not resist the claim. The tribunal made a protective award of the maximum 90 days.
The remaining claims of seven named claimants (Andrew Fielder, Philip Allcorn, Stephanie Farley, Ann Farnfield, Adrian Lewis, Jim Platt, Lee Farrance) were dismissed upon withdrawal by those claimants.
Facts
78 claimants were dismissed by Gemini Print Southern Limited (in administration) on 3 June 2024. The company failed to comply with statutory requirements to consult with employees before making collective redundancies under section 188 TULRCA 1992. The first respondent did not present a response and the Secretary of State as interested party did not resist the claims.
Decision
The tribunal found the failure to inform and consult claim well-founded and made protective awards of 90 days remuneration (the maximum) for each claimant beginning 3 June 2024. Some claimants withdrew their remaining claims. The recoupment regulations apply.
Practical note
Where an insolvent employer fails to consult before collective redundancies and does not defend the claim, tribunals will award the maximum 90-day protective award under TULRCA 1992 section 189.
Legal authorities cited
Statutes
Case details
- Case number
- 1401967/2024
- Decision date
- 22 July 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- solicitor