Cases3311929/2024

Claimant v Kettle Home Ltd (In Creditors Voluntary Liquidation)

3 June 2025Before Regional Employment Judge FoxwellMidlands Easton papers

Outcome

Claimant succeeds

Individual claims

Failure to Inform & Consultsucceeded

The respondent failed to comply with section 188 TULRCA 1992 requiring collective consultation before making 20 or more employees redundant. There was no recognised trade union or elected employee representatives at the establishment and no consultation took place before dismissals on 9 October 2024.

Facts

91 employees were made redundant by Kettle Home Ltd on 9 October 2024 from the Corby establishment. The respondent, which entered creditors voluntary liquidation, failed to carry out any collective consultation despite 20 or more employees being dismissed. There was no recognised trade union or elected employee representatives at the establishment.

Decision

The tribunal found the respondent breached section 188 TULRCA 1992 by failing to inform and consult employees before collective redundancies. A protective award for the maximum 90 days was made starting from 9 October 2024. The decision was made on the papers as neither respondent filed a response.

Practical note

Employers making 20 or more redundancies must comply with collective consultation requirements under TULRCA 1992, and failure to do so will result in the maximum 90-day protective award absent special circumstances justifying a reduction.

Legal authorities cited

Statutes

Trade Union & Labour Relations (Consolidation) Act 1992 s.188Trade Union & Labour Relations (Consolidation) Act 1992 s.189(5)(b)

Case details

Case number
3311929/2024
Decision date
3 June 2025
Hearing type
on papers
Hearing days
Classification
procedural

Respondent

Sector
manufacturing
Represented
No

Claimant representation

Represented
No