Claimant v Wooldridge Contractors Limited (In Administration)
Outcome
Individual claims
The respondent failed to comply with section 188 of TULRCA 1992. 20 or more employees at the establishment were made redundant on or within 90 days of 7 February 2024 without any consultation with elected employee representatives or a recognised trade union. The claimants were dismissed during this period without any consultation having taken place.
Facts
38 claimants were employed at Wooldridge Contractors Limited's establishment in Bagshot, Surrey. On 7 February 2024, 20 or more employees were made redundant without any consultation having taken place. There was no recognised trade union or elected employee representatives at the establishment. The respondent entered administration and did not file a response, though its administrators consented to the protective award claim proceeding.
Decision
The tribunal found that the respondent failed to comply with section 188 of TULRCA 1992 by dismissing 20 or more employees as redundant without consultation. A protective award of 90 days remuneration was made for the maximum period starting 7 February 2024. The tribunal decided the claim on the papers as the respondent was in administration and had consented, and it would be disproportionate to convene a hearing.
Practical note
Where an employer in administration makes 20 or more employees redundant without collective consultation, the tribunal will award the maximum 90-day protective award as the default punitive measure unless there are specific mitigating circumstances.
Legal authorities cited
Statutes
Case details
- Case number
- 3305198/2024
- Decision date
- 26 March 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No