Claimant v James Penman (Plant Hire) Limited
Outcome
Individual claims
The respondent dismissed more than 20 employees as redundant within 90 days at one establishment but failed to ensure employee representatives were elected in accordance with s.188A TULRCA 1992 and failed to consult with them as required by s.188. The tribunal found this complaint well founded and awarded the maximum 90-day protective period.
Facts
James Penman (Plant Hire) Limited entered compulsory liquidation and made more than 20 employees redundant at one establishment within 90 days around March 2024. The respondent failed to ensure employee representatives were elected and failed to carry out required collective redundancy consultation under TULRCA 1992. 23 former employees brought claims for failure to inform and consult. The respondent did not present a response.
Decision
The tribunal issued a Rule 22 judgment on the papers as no response was presented. The court had granted permission for proceedings to continue despite the liquidation. The tribunal found the complaint well founded and made a protective award ordering the respondent to pay remuneration for a 90-day protected period starting 4 March 2024 to each claimant.
Practical note
Employers making 20 or more redundancies at one establishment must comply with collective consultation requirements including electing employee representatives; failure results in maximum 90-day protective awards even where the company is in liquidation.
Legal authorities cited
Statutes
Case details
- Case number
- 4105258/2024
- Decision date
- 13 May 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- solicitor