Claimant v Silverbird Global Limited (in administration)
Outcome
Individual claims
The tribunal found that the respondent was proposing to dismiss 20 or more employees at the establishment within 90 days and failed to comply with the requirement under s188 TULR(C)A to consult. There was no recognised trade union or appointed/elected employee representatives, and no consultation took place as required by statute.
The claim was dismissed upon withdrawal by the claimant.
The claim was dismissed upon withdrawal by the claimant.
Facts
The claimant was employed by Silverbird Global Ltd which entered administration. The respondent proposed to dismiss 20 or more employees at its establishment at One Canada Square, Canary Wharf within a 90-day period beginning 14 March 2024. The respondent failed to conduct collective consultation as required by law, as there was no recognised trade union or appointed/elected employee representatives, and no consultation took place. The respondent did not attend the hearing.
Decision
The tribunal found the claim for failure to consult well-founded and ordered a protective award of 90 days' remuneration from 14 March 2024. The claimant's claims for unfair dismissal and redundancy payment were dismissed upon withdrawal.
Practical note
Employers proposing collective redundancies must comply with statutory consultation requirements under TULR(C)A s.188, even when entering administration, or face protective awards of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 3303982/2024
- Decision date
- 20 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No