Claimant v Tuffnells Parcels Express Limited (in administration)
Outcome
Individual claims
The tribunal found the respondent failed to comply with section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 regarding consultation about proposed dismissals. The respondent was in administration and failed to properly consult prior to collective redundancies, breaching statutory obligations.
Facts
Tuffnells Parcels Express Limited went into administration and dismissed multiple employees on or around 12 June 2023. The company failed to comply with its statutory obligation to consult with employee representatives before implementing collective redundancies as required by section 188(1) of TULRCA 1992. Multiple employees brought claims for protective awards.
Decision
The tribunal found the claims well-founded and awarded a protective award of 90 days from 12 June 2023 to all claimants. This is the maximum protective award available, reflecting the seriousness of the respondent's failure to consult. The Recoupment Regulations apply to the awards.
Practical note
Companies in administration must still comply with collective consultation obligations under TULRCA 1992, and failure to do so will result in maximum protective awards of 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 1305035/2023
- Decision date
- 3 July 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No