Cases3314547/2023

Claimant v Reem Clothing Limited (in voluntary liquidation)

Outcome

Claimant succeeds

Individual claims

Failure to Inform & Consultsucceeded

The respondent failed to comply with section 188 Trade Union and Labour Relations (Consolidation) Act 1992. 20 or more employees were made redundant on 28 September 2023 without the minimum statutory consultation period. There was minimal consultation, and the tribunal awarded the maximum protective period of 90 days.

Facts

The claimant was one of more than 20 employees working at the respondent's Enfield establishment who were dismissed as redundant on 28 September 2023. The respondent company entered voluntary liquidation. There was no recognised trade union or elected employee representatives. The respondent provided minimal consultation and dismissed employees without the minimum statutory consultation period required under section 188 TULRCA 1992.

Decision

The tribunal found that the respondent failed to comply with its duty to inform and consult under section 188 Trade Union and Labour Relations (Consolidation) Act 1992. Due to the minimal consultation provided, the tribunal awarded the maximum protective award of 90 days beginning from 28 September 2023 for all affected employees at the establishment.

Practical note

Employers making 20 or more redundancies must comply with collective consultation requirements, and failure to do so will result in a protective award of up to 90 days' pay for each affected employee.

Legal authorities cited

Statutes

TULRCA 1992 s.188

Case details

Case number
3314547/2023
Decision date
24 June 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
No

Claimant representation

Represented
No