Claimant v Fablink (Wolverhampton) Limited (In Administration)
Outcome
Individual claims
The tribunal found that the First Respondent failed to comply with statutory obligations to inform and consult employees about collective redundancies. The Claimant had standing to bring the claim and the respondent failed to attend to defend it. The tribunal made a protective award for the maximum period of 90 days.
Facts
The First Respondent, Fablink (Wolverhampton) Limited, entered administration and made the Claimant redundant on or around 7 January 2025. The company failed to comply with its statutory obligation to inform and consult employees collectively prior to making redundancies. Neither the First Respondent nor the Secretary of State attended the hearing. The Claimant was represented by his wife.
Decision
The tribunal found that the Claimant had standing to bring his claim for failure to inform and consult. The First Respondent breached its statutory obligations under section 188 TULR(C)A 1992. The tribunal awarded the maximum protective award of 90 days' remuneration beginning from 7 January 2025.
Practical note
Employers in administration remain liable for failure to comply with collective consultation obligations, and tribunals will award the maximum 90-day protective period where there has been a complete failure to consult.
Legal authorities cited
Statutes
Case details
- Case number
- 1300304/2025
- Decision date
- 10 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- lay rep