Claimant v Valve Components Ltd (In Administration)
Outcome
Individual claims
The respondent dismissed more than 20 employees as redundant within a 90-day period but failed to ensure that employee representatives were elected in accordance with s.188A TULRCA 1992 and failed to consult with them in accordance with s.188. The tribunal issued a default judgment under rule 22 as no response was presented.
Facts
The claimant was one of more than 20 employees dismissed as redundant by Valve Components Ltd within a 90-day period. The respondent company entered administration and the administrator consented to proceedings continuing. The respondent failed to file a response to the claim within the time limit.
Decision
The tribunal issued a default judgment under rule 22 finding that the respondent breached sections 188 and 188A TULRCA 1992 by failing to elect employee representatives and consult on collective redundancies. A protective award of 90 days commencing 15 March 2024 was made.
Practical note
Where an employer in administration fails to elect representatives and consult before making 20 or more redundancies, tribunals will award the maximum 90-day protective award even in default judgment proceedings.
Legal authorities cited
Statutes
Case details
- Case number
- 8000540/2024
- Decision date
- 4 June 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No