Claimant v Reem Clothing Limited (in voluntary liquidation)
Outcome
Individual claims
The respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. There were more than 20 employees at the establishment who were made redundant on 28 September 2023, but there was no recognised trade union or elected employee representatives and minimal consultation took place. The tribunal found a clear breach of the statutory requirement to inform and consult on collective redundancies.
Facts
The claimant was one of more than 20 employees dismissed as redundant on 28 September 2023 from Reem Clothing Limited's establishment in Enfield. The respondent company is now in voluntary liquidation. There was no recognised trade union or elected employee representatives at the establishment, and the respondent failed to conduct proper collective consultation before making the redundancies. Only minimal consultation took place.
Decision
The tribunal found that the respondent breached section 188 of TULRCA 1992 by failing to inform and consult employees about the collective redundancy. The tribunal awarded the maximum 90-day protective award starting from 28 September 2023, applying to all employees dismissed as redundant. The recoupment regulations apply.
Practical note
Employers making 20 or more redundancies must comply with collective consultation requirements under section 188 TULRCA 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
- 3314534/2023
- Decision date
- 24 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No