Claimant v ARJ Construction Limited (in Administration)
Outcome
Individual claims
The Tribunal found there was no consultation within the meaning of s.188 Trade Union and Labour Relations (Consolidation) Act 1992. The Tribunal did not have sufficient evidence to conclude there were special circumstances that would have excused the failure to consult. The complaint was therefore well founded.
Facts
The claimant was dismissed as redundant on or around 29 April 2024 by ARJ Construction Limited, which was in administration. The employer failed to carry out any consultation with the claimant or employee representatives as required under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 before making the redundancy dismissal. The respondent did not attend the tribunal hearing but relied on written grounds of resistance.
Decision
The Tribunal found the claim well founded. There had been no consultation as required by s.188, and there was insufficient evidence of special circumstances to excuse this failure. The Tribunal made a declaration of breach and ordered a protective award of 90 days' remuneration.
Practical note
Even when a company is in administration, employers must comply with collective consultation obligations under s.188 TULRCA 1992, and failure to do so will result in a protective award unless special circumstances can be proven.
Legal authorities cited
Statutes
Case details
- Case number
- 6006989/2024
- Decision date
- 25 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No