Claimant v Customade Group Services Limited (In Administration)
Outcome
Individual claims
The tribunal found that the First Respondent failed to comply with the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 to inform and consult with employees prior to redundancy. The respondent did not attend the hearing and the claim was determined in the claimant's favour with a protective award of 90 days.
Facts
The claimant was employed by Customade Group Services Limited which went into administration. The employer made redundancies affecting the claimant with a termination date of 20 December 2024. The First Respondent failed to comply with statutory requirements to inform and consult with employees under section 188 of TULR(C)A 1992 prior to making collective redundancies. Neither respondent attended the preliminary hearing.
Decision
The tribunal found in favour of the claimant and upheld her complaint under section 189 of TULR(C)A 1992. The tribunal ordered the First Respondent to pay a protective award of 90 days remuneration beginning on 20 December 2024. The Recoupment Regulations apply to the award.
Practical note
Employers in administration must still comply with collective consultation obligations under TULR(C)A 1992, and failure to do so will result in a protective award of up to 90 days pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 6003855/2025
- Decision date
- 27 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No