Claimant v Surgo Construction Limited
Outcome
Individual claims
The respondent proposed to dismiss 46 employees as redundant but undertook no proper warning or consultation with the recognised trade union or the claimants before 13 March 2024. No employee representatives had been elected or appointed for such consultation within section 188A of the 1992 Act, constituting a breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Facts
Surgo Construction Limited entered administration on 14 March 2024 having dismissed approximately 46 employees as redundant from 13 March 2024. The respondent undertook no proper consultation with the recognised trade union or affected employees before the dismissals, and no employee representatives had been elected or appointed. The respondent failed to file a response to the protective award claim filed on 29 April 2024.
Decision
The tribunal found the respondent in breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failing to consult on collective redundancies. A protective award of the maximum 90 days remuneration was made to the claimants beginning 13 March 2024, subject to recoupment provisions.
Practical note
Employers proposing collective redundancies must undertake proper consultation with trade unions or employee representatives; failure to do so results in the maximum protective award of 90 days.
Legal authorities cited
Statutes
Case details
- Case number
- 2500883/2024
- Decision date
- 2 June 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No