Claimant v Hypertunnel Limited (in administration)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirements of section 188 of TULRCA 1992 regarding collective consultation prior to redundancies. The respondent did not attend the hearing to defend the claim. A protective award of 90 days was therefore granted to affected employees.
Facts
Eleven claimants were employees of Hypertunnel Limited working at its Basingstoke premises. They were all dismissed as redundant on or after 1 August 2024. The respondent company entered administration. Three duplicate claims were withdrawn. The respondent failed to comply with section 188 TULRCA 1992 requiring collective consultation before redundancies.
Decision
The tribunal found the claim well-founded. The respondent did not attend the hearing. The tribunal awarded a protective award of 90 days remuneration to the affected employees beginning from 1 August 2024 for the respondent's failure to carry out proper collective consultation.
Practical note
Employers must comply with collective consultation requirements under section 188 TULRCA 1992 even when facing insolvency, or face protective awards of up to 90 days pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 1402185/2024
- Decision date
- 30 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- lay rep