Claimant v Bowie Construction Ltd (in administration)

Outcome

Facts

Twelve claimants employed at Bowie Construction Ltd's establishment in Linton, Cambridgeshire were made redundant on 13 March 2024. 20 or more employees at the establishment were dismissed as redundant during this period. The respondent company, which is in administration, conducted no collective consultation prior to the redundancies despite being required to do so under section 188 TULRCA 1992. There was no recognised trade union or elected employee representatives.

Decision

The tribunal made a protective award for the maximum period of 90 days beginning 13 March 2024. The tribunal determined it would be disproportionate to convene a hearing given the respondent is in administration and its administrators consented to the claim proceeding. The tribunal applied the principle that protective awards are punitive and should be for the maximum period unless there are circumstances making it just not to do so.

Practical note

Legal authorities cited