Claimant v Mitton Mechanical Services Limited (In Administration)
Outcome
Individual claims
The tribunal found that the respondent failed to consult on collective redundancies as required. Under Rule 22, a default judgment was entered in the claimant's favour due to the respondent's failure to respond to the claim. The claimant was awarded remuneration for the full 90-day protected period.
Facts
The claimant was employed by Mitton Mechanical Services Limited, a mechanical services company that entered administration. The claimant's employment terminated on 4 September 2023 as part of a collective redundancy situation. The respondent failed to properly consult with affected employees regarding the collective redundancies as required by law.
Decision
Employment Judge Davies issued a default judgment under Rule 22 because the respondent failed to respond to the claim. The tribunal found the complaint of failure to consult on collective redundancies well-founded and awarded the claimant remuneration for the full statutory protected period of 90 days.
Practical note
Employers in administration remain obligated to comply with collective redundancy consultation requirements, and failure to do so will result in awards of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 1808077/2023
- Decision date
- 8 July 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No