Claimant v Linkline Transport Limited (in administration)
Outcome
Individual claims
The respondent failed to comply with section 188 TULRCA 1992 requiring consultation before making 20 or more employees redundant. The claimants were dismissed on or after 18 June 2024 without any consultation having taken place. The tribunal found the maximum protective award of 90 days was appropriate as there were no mitigating circumstances to justify a lesser period.
Facts
Linkline Transport Limited entered administration and made 20 or more employees redundant from its Kettering establishment on or around 18 June 2024. The 46 claimants were dismissed without any consultation having taken place as required by section 188 TULRCA 1992. The administrators consented to the protective award claim proceeding, while the Secretary of State invited scrutiny of the claim.
Decision
The tribunal found the respondent failed to comply with statutory consultation requirements under section 188 TULRCA 1992 and awarded the maximum protective award of 90 days remuneration. The tribunal saw no reason to depart from the principle that protective awards are punitive and should be for the maximum period unless circumstances make it unjust to do so.
Practical note
Employers must comply with collective consultation requirements before making 20 or more redundancies, and failure to do so will result in the maximum 90-day protective award absent exceptional mitigating circumstances, even where the company is in administration.
Legal authorities cited
Statutes
Case details
- Case number
- 3309135/2024
- Decision date
- 29 May 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No