Claimant v Folkestone Fixings Limited
Outcome
Individual claims
By consent, the Tribunal made a protective award under section 189(2) TULR(C)A in respect of individuals dismissed as redundant following the administration of the Respondent. The parties agreed that the Respondent failed to comply with its collective consultation obligations, entitling affected employees to a 90-day protective award.
Facts
Folkestone Fixings Limited entered administration and made collective redundancies at two distribution park establishments (Dyna House and H Block) in Kent. The company dismissed 87 employees by reason of redundancy with effect from 20 September 2024. The claimants, represented by CFS Redundancy Payments, brought claims for failure to inform and consult under TULR(C)A.
Decision
By consent, the Tribunal made a 90-day protective award under section 189 TULR(C)A for all employees dismissed as redundant after 20 September 2024 at the two establishments. The recoupment regulations apply. Any unpaid portions of the award will rank as unsecured creditor claims in the administration.
Practical note
In insolvency cases, consent orders for protective awards allow swift resolution of collective consultation failure claims, with recoupment provisions protecting the public purse and unpaid amounts ranking as creditor claims.
Legal authorities cited
Statutes
Case details
- Case number
- 2312573/2024
- Decision date
- 17 June 2025
- Hearing type
- remedy
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- lay rep