Claimant v SSB Group Limited (in administration)
Outcome
Individual claims
The First Respondent failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 by not electing or consulting with appropriate employee representatives before making redundancies. The tribunal found a breach of the statutory consultation obligations and awarded the maximum 90-day protective award.
Facts
SSB Group Limited entered administration and made redundancies affecting the claimants on 29 November 2023. The company failed to elect or consult with appropriate employee representatives before the redundancies. The Secretary of State for Business and Trade was joined as second respondent given the company's insolvency. The claimants brought claims for failure to inform and consult under section 188 TULRCA 1992.
Decision
The tribunal found that the First Respondent breached its statutory duty under section 188 TULRCA 1992 by failing to consult with employee representatives. The claimants were each awarded the maximum 90-day protective award beginning on 29 November 2023, with recoupment provisions applied to allow the state to recover benefits paid during the protected period.
Practical note
Employers in administration remain liable for protective awards for failure to consult on collective redundancies, with the Secretary of State potentially liable to pay from the National Insurance Fund where the employer is insolvent.
Legal authorities cited
Statutes
Case details
- Case number
- 1801764/2024
- Decision date
- 21 May 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No