Claimant v Tomkinson Heating Ltd
Outcome
Individual claims
The respondent failed in its duty to consult the claimants under section 188 Trade Union and Labour Relations (Consolidation) Act 1992. The respondent did not present a valid response and the tribunal made a default judgment under Rule 22.
Facts
Tomkinson Heating Ltd, a company in creditors voluntary liquidation, dismissed 18 employees with effect from 30 January 2025 in a collective redundancy situation. The respondent failed to consult with the affected employees as required under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The respondent did not present a valid response to the claims.
Decision
The tribunal made a default judgment under Rule 22 as the respondent failed to respond. The claims for protective awards were well-founded. The tribunal ordered the respondent to pay each claimant remuneration for a protected period of 90 days starting on 30 January 2025, subject to recoupment regulations.
Practical note
Employers facing insolvency must still comply with collective consultation requirements, and failure to do so will result in maximum protective awards even where the company is in liquidation.
Legal authorities cited
Statutes
Case details
- Case number
- 2400994/2025
- Decision date
- 12 June 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No