Claimant v Specialised Management Services Limited (In Administration)
Outcome
Individual claims
The respondent failed to comply with section 188 TULRCA 1992 by dismissing 20 or more employees for redundancy on or after 24 July 2024 without any consultation with employee representatives, where there was no recognised trade union or elected employee representatives at the establishment.
Facts
47 claimants were employed at Specialised Management Services Limited's establishment in Great Yarmouth. On or after 24 July 2024, 20 or more employees were made redundant, with the last dismissal occurring on 13 September 2024. The employer, which is now in administration, failed to consult with employee representatives before making the redundancies, despite there being no recognised trade union or elected representatives at the establishment.
Decision
The tribunal found the respondent breached section 188 TULRCA 1992 by failing to consult on collective redundancies. A protective award was granted for the maximum 90-day period beginning 24 July 2024, reflecting the punitive nature of such awards where no mitigating circumstances exist. The recoupment regulations apply.
Practical note
Employers in administration must still comply with collective consultation obligations under TULRCA 1992, and failure to do so will result in maximum 90-day protective awards absent exceptional circumstances.
Legal authorities cited
Statutes
Case details
- Case number
- 3311189/2024
- Decision date
- 26 March 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No