Claimant v Theobalds Park Op Co Limited (in administration)
Outcome
Individual claims
The respondent failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. Twenty or more employees at the establishment were made redundant on 20 November 2023 and were dismissed without any consultation having taken place. There was a complete failure to comply with any part of the statutory requirements.
Facts
The claimant and more than 20 other employees were employed at the respondent's establishment at Birch (Cheshunt). On or after 20 November 2023, they were all dismissed as redundant. There was no recognised trade union or elected employee representatives. The employees were dismissed without any consultation having taken place regarding the collective redundancy.
Decision
The tribunal found that the respondent completely failed to comply with its statutory duty under section 188 TULRCA 1992 to consult with employees before making collective redundancies. A protective award for the maximum period of 90 days was made, with the protected period starting from 20 November 2023.
Practical note
Employers in administration must still comply with collective consultation requirements, and complete failure to consult will result in the maximum 90-day protective award.
Legal authorities cited
Statutes
Case details
- Case number
- 3300334/2024
- Decision date
- 16 April 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No