Claimant v The Floor Room Limited (in Administration)
Outcome
Individual claims
The tribunal made a protective award under section 189(2) TULR(C)A by consent, indicating the respondent failed to properly inform and consult about collective redundancies. The parties agreed to a 70-day protected period, reflecting a significant breach of consultation obligations.
Facts
Three In-Home Consultants were made redundant by The Floor Room Limited (in Administration) on 9 August 2024. The respondent failed to properly inform and consult employees about the collective redundancies as required by TULR(C)A. The parties reached agreement on a consent judgment to resolve the failure to inform and consult claims.
Decision
The tribunal made a protective award by consent under Rule 62 of the Employment Tribunal Procedure Rules 2024. Each claimant was awarded 70 days pay as a protective award under section 189(2) TULR(C)A for the respondent's failure to inform and consult on collective redundancies. Recoupment regulations apply and claims will be submitted to the Redundancy Payments Service.
Practical note
Even in insolvency, employers who fail to inform and consult on collective redundancies face significant protective awards, which can be resolved by consent with claims ultimately pursued through the Redundancy Payments Service.
Legal authorities cited
Statutes
Case details
- Case number
- 4107296/2024
- Decision date
- 12 June 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Role
- In-Home Consultant
Claimant representation
- Represented
- Yes
- Rep type
- solicitor