Claimant v Go Plant Limited (in administration)
Outcome
Individual claims
The Respondent proposed to dismiss 20 or more employees as redundant within 90 days and failed to organise the election of employee representatives or to consult with them in accordance with sections 188 and 188A TULRCA. The tribunal found the complaints under section 189 TULRCA well founded.
Facts
Go Plant Limited entered administration and proposed to dismiss 20 or more employees as redundant within 90 days, including the four Claimants. The employees were dismissed on 3 May 2024. The Respondent failed to organise the election of employee representatives and failed to consult with employees as required by statute. Neither the Respondent nor the Secretary of State (interested party under insolvency provisions) appeared at the hearing.
Decision
The tribunal found the complaints well-founded. The Respondent breached sections 188 and 188A TULRCA by failing to inform and consult on the collective redundancy. Each Claimant was awarded a protective award consisting of 90 days remuneration beginning from the date of dismissal.
Practical note
Employers proposing collective redundancies must comply with statutory consultation requirements even when in administration, or face protective awards of up to 90 days pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 1306302/2024
- Decision date
- 2 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No