Claimant v H.P.A.S Limited trading as Safestyle UK (in administration)
Outcome
Individual claims
The tribunal found the respondent failed to comply with section 188(1) of TULR(C)A 1992 regarding consultation about proposed dismissals. This was a Rule 21 judgment, meaning the respondent did not participate in proceedings and judgment was entered in default.
Facts
The claimant was employed by Safestyle UK, which entered administration. The respondent made collective redundancies including the claimant's dismissal on 30 October 2023 without complying with statutory consultation requirements under TULR(C)A 1992. The respondent did not participate in tribunal proceedings.
Decision
The tribunal entered a Rule 21 default judgment in favour of the claimant, finding the respondent failed to consult as required by section 188(1) TULR(C)A 1992. A protective award of the maximum 90 days was made, with recoupment regulations applying.
Practical note
Employers in administration remain liable for protective awards for failure to consult on collective redundancies, and tribunals will enter default judgments awarding the maximum 90-day period where respondents do not participate.
Legal authorities cited
Statutes
Case details
- Case number
- 1808554/2023
- Decision date
- 15 April 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No