Claimant v Volta Trucks Limited (in administration)
Outcome
Individual claims
The respondent failed to arrange an election of employee representatives and consequently failed to consult with elected representatives prior to making the claimants redundant. There was a complete failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, with no mitigation put forward.
Facts
Volta Trucks Limited went into administration on 18 October 2023, with administrators making 531 employees redundant immediately across four establishments (Wokingham, Nuneaton, Lighthorne and London). At each establishment at least 20 employees were dismissed. There was no recognised trade union or existing employee representative body, and the respondent failed to arrange elections for employee representatives or conduct any consultation before the redundancies.
Decision
The tribunal issued a Rule 22 judgment as the administrators did not resist the claims. The tribunal found complete failure to comply with section 188 TULRCA 1992 and awarded the maximum protective award of 90 days, applying the guidance from GMB v Susie Radin that the maximum should be awarded where there is no consultation and no mitigating circumstances.
Practical note
Even in insolvency situations where administrators make immediate redundancies, complete failure to consult will result in the maximum 90-day protective award with no mitigation accepted.
Legal authorities cited
Statutes
Case details
- Case number
- 3312340/2023
- Decision date
- 16 May 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No