Cases3201156/2024

Claimant v Silverbird Global Limited (in administration)

22 May 2025Before Employment Judge E Gordon WalkerLondon Eastremote video

Outcome

Claimant succeeds

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found the respondent failed to comply with s188 of TULR(C)A. There was no recognised trade union or appointed or elected employee representatives and the respondent made 20+ redundancies without proper consultation at its One Canada Square establishment. Administrator consent was provided for the protective award claim to proceed.

Facts

The respondent company went into administration and made collective redundancies from its premises at One Canada Square, London. The claimant was made redundant on 14 March 2024. The respondent failed to inform or consult with either a recognised trade union or elected employee representatives before making the redundancies as required by s188 TULR(C)A. The administrator consented to the protective award proceedings and the tribunal granted the claimant permission to amend and extended time for bringing the claim.

Decision

The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A and made a protective award in favour of the claimant for the maximum period of 90 days beginning on 14 March 2024. The respondent did not attend the hearing.

Practical note

Even where a company is in administration, tribunals will award the maximum 90-day protective award where there has been a complete failure to inform and consult on collective redundancies.

Legal authorities cited

Statutes

TULR(C)A 1992 s.188TULR(C)A 1992 s.188(1B)TULR(C)A 1992 s.189(3)

Case details

Case number
3201156/2024
Decision date
22 May 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
financial services
Represented
No

Claimant representation

Represented
No