Claimant v Linkline Transport Limited (in administration)
Outcome
Individual claims
The tribunal found that 20 or more employees were made redundant on or within 90 days of 18 June 2024 without any consultation having taken place, in breach of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. The first respondent was in administration and consented to the claim proceeding, and there was no reason to depart from the maximum protective award period.
Facts
Five claimants were employed at Linkline Transport Limited's Wellingborough establishment and were made redundant on 18 June 2024. The employer, which entered administration, made 20 or more employees redundant within a 90-day period without conducting any collective consultation as required by law. The administrators consented to the protective award claim proceeding.
Decision
The tribunal found that the first respondent had breached section 188 of TULR(C)A 1992 by failing to consult with employee representatives before making the redundancies. The tribunal awarded the maximum protective award of 90 days' remuneration, finding no circumstances to justify departing from the punitive principle underlying such awards.
Practical note
Employers in administration remain subject to collective consultation obligations, and tribunals will ordinarily award the maximum 90-day protective award where there has been a complete failure to consult.
Legal authorities cited
Statutes
Case details
- Case number
- 3309134/2024
- Decision date
- 29 May 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No