Cases2200891/2024

Claimant v Modulous (Lewisham) Limited

10 July 2025Before Employment Judge EmeryLondon Centralremote video

Outcome

Partly successful£5,144

Individual claims

Unfair Dismissalfailed

The tribunal found the claim of unfair dismissal was not well founded. While the specific reasoning is not detailed in this judgment, the claim was dismissed on its merits.

Failure to Inform & Consultsucceeded

The tribunal found that the respondent was in breach of section 188 Trade Union and Labour Relations (Consolidation) Act 1992 by failing to consult employees including the claimant who were at risk of redundancy at her place of work. The tribunal awarded a protective award for this failure.

Facts

The claimant was dismissed by the respondent on 4 December 2023, apparently in a redundancy situation. The respondent failed to consult with employees at risk of redundancy as required by law. The claimant brought claims for unfair dismissal and failure to consult. The respondent did not attend the hearing.

Decision

The tribunal dismissed the unfair dismissal claim as not well founded. However, it found the respondent had breached section 188 TULRCA 1992 by failing to consult on redundancies. The tribunal awarded a protective award of 8 weeks at £643 per week, totaling £5,144.00.

Practical note

Employers must comply with statutory consultation requirements under section 188 TULRCA 1992 when making collective redundancies, even if the underlying dismissal itself may not be unfair.

Award breakdown

Legal authorities cited

Statutes

TULRCA 1992 s.188

Case details

Case number
2200891/2024
Decision date
10 July 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No