Claimant v Lloyds Bank Plc
Outcome
Individual claims
The tribunal found it had no jurisdiction to hear the claim. Under section 188 of TULR(C)A 1992, where a trade union is formally recognised for collective bargaining (here Unite and Accord), only the union can bring a claim for failure to inform and consult about collective redundancies, not individual employees. The claimant was not a member of either union but could not bring the claim in his own right.
Facts
The claimant, who was not a union member, brought a claim for failure to inform and consult regarding collective redundancies affecting over 100 employees. The respondent bank formally recognised two independent trade unions (Unite and Accord) for the bargaining unit in which the claimant worked. The respondent maintained it had satisfied its consultation obligations through communication with the recognised unions.
Decision
The tribunal dismissed the claim for lack of jurisdiction. The judge explained that under section 188 TULR(C)A 1992, where trade unions are formally recognised, only those unions can bring claims for failure to inform and consult about collective redundancies, not individual employees. The judge made clear no criticism was intended of the claimant as this was a technical area of law.
Practical note
Individual employees cannot bring section 188 collective redundancy consultation claims where their employer formally recognises trade unions for collective bargaining, even if the employee is not a union member.
Legal authorities cited
Statutes
Case details
- Case number
- 8000101/2025
- Decision date
- 12 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Lloyds Bank Plc
- Sector
- financial services
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No