Claimant v Engenera Renewables Limited – in administration
Outcome
Individual claims
The tribunal found that the first respondent dismissed 20 or more employees at one establishment within 90 days by reason of redundancy, but failed to consult with employees or appoint employee representatives as required under section 188 TULRCA 1992. There was no trade union or elected representatives, and no information was provided to employees about the redundancy situation.
Facts
Engenera Renewables Limited, an energy company, went into administration in late February 2024 after financial difficulties. One employee was dismissed on 5 March 2024, 18 employees on 8 March 2024, and further employees on 13 March 2024, all at the Gateway House, Newburn Riverside establishment in Newcastle. The company and administrators failed to consult with employees or appoint employee representatives before making the redundancies. Neither respondent attended or was represented at the hearing.
Decision
The tribunal found that the first respondent had failed to comply with its duty under section 188 TULRCA to consult with employees or their representatives before dismissing 20 or more employees by reason of redundancy at one establishment. The tribunal ordered a protective award of 56 days to be paid by the Secretary of State to 19 qualifying claimants listed in the schedule, excluding certain individuals who were found to be directors rather than employees or who were not based at the establishment.
Practical note
Employers must comply with collective redundancy consultation obligations even during administration, and failure to do so will result in a protective award of up to 90 days (though limited to 8 weeks when the Secretary of State pays on insolvency).
Legal authorities cited
Statutes
Case details
- Case number
- 2501309/2024
- Decision date
- 12 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister