Claimant v Luxtripper Ltd (in administration)

The Respondent dismissed over 60 employees as redundant on 27 October 2023 without any prior consultation. No collective consultation took place, no employee representatives were elected, and there was no recognised trade union. The Respondent was required under s.188 TULRCA to consult at least 30 days before dismissals but failed entirely to do so. The Respondent did not establish special circumstances rendering consultation impracticable.

The tribunal found the complaint under s.192 TULRCA well-founded. The Respondent failed to pay remuneration under the protective award granted by the tribunal. The Respondent, being in administration, has not paid the amounts due to the claimants under the 90-day protective award.

The First Claimant, Mr O'Byrne, was contractually entitled to four weeks' notice pay but only received two weeks. The tribunal accepted his evidence and found the claim for outstanding notice pay succeeded, though recovery is unlikely due to the Respondent being in administration.