Claimant v Elite Sports Group Limited (in creditors voluntary liquidation)
Outcome
Individual claims
The respondent dismissed 20 or more employees as redundant on 23 November 2022 without any consultation having taken place. There was a complete failure to comply with section 188 TULRCA 1992 requirements to consult with employee representatives or a recognised trade union before making collective redundancies.
Facts
The claimant worked at the respondent's establishment in Hatfield where more than 20 employees were employed. On 23 November 2022, 20 or more employees were dismissed as redundant without any consultation. The respondent company entered administration and subsequently creditors voluntary liquidation. The insolvency practitioners did not engage with the tribunal proceedings. The claimant filed her protective award claim on 20 December 2022.
Decision
The tribunal found the respondent had completely failed to comply with section 188 TULRCA 1992 consultation requirements before making collective redundancies. A protective award of the maximum 90 days was made covering all employees at the establishment dismissed as redundant on or after 23 November 2022. The Recoupment Regulations apply.
Practical note
Complete failure to consult on collective redundancies will result in the maximum 90-day protective award, and insolvency does not excuse an employer from statutory consultation obligations under TULRCA 1992.
Legal authorities cited
Statutes
Case details
- Case number
- 3315220/2022
- Decision date
- 8 July 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No