Claimant v IWL Realisations 2023 Ltd (in administration)
Outcome
Individual claims
The respondent made 20 or more employees redundant at the establishment on or within 90 days of 6 July 2023 without any consultation having taken place. This was in breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, which requires collective consultation before redundancies.
Facts
The claimant was employed at the respondent's Peterborough establishment and made redundant on 6 July 2023. The respondent made 20 or more employees redundant at that establishment within a 90-day period. The claimant was dismissed without any consultation. There was no recognised trade union or elected employee representative in place. The first respondent entered administration and did not present a response, though administrators consented to the claim proceeding.
Decision
The tribunal found the claim well-founded as the respondent breached section 188 of TULR(C)A 1992 by failing to consult before making collective redundancies. A protective award of the maximum 90 days remuneration was ordered, beginning from the dismissal date, as there were no circumstances making it unjust to award the maximum period. The decision was made on the papers without a hearing.
Practical note
Where an insolvent employer fails to conduct collective consultation before redundancies, tribunals will award the maximum 90-day protective award on the papers unless there are mitigating circumstances.
Legal authorities cited
Statutes
Case details
- Case number
- 3311176/2023
- Decision date
- 8 May 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No