Claimant v The Mailshop Mailing Limited (in administration)
Outcome
Individual claims
The first Respondent failed to organise the election of employee representatives and to consult with them in accordance with sections 188 and 188A of TULCRA. The Claimants worked at a single establishment with no recognised Trade Union, and no consultation took place before the redundancies.
Facts
The Mailshop Mailing Limited went into administration and made 38 employees redundant from a single establishment. There was no recognised Trade Union. The company failed to organise the election of employee representatives and failed to carry out any consultation as required by TULCRA sections 188 and 188A. The first Respondent failed to submit a response, and the Administrator consented to the claims proceeding.
Decision
The tribunal found the claims well-founded and awarded each claimant a protective award of 90 days remuneration, commencing from their respective termination dates (28 May 2024 or 7 June 2024). The Recoupment Regulations apply to these awards.
Practical note
Employers facing collective redundancies must organise employee representative elections and conduct proper consultation even when in administration, or face maximum 90-day protective awards for all affected employees.
Legal authorities cited
Statutes
Case details
- Case number
- 2600866/2024
- Decision date
- 24 March 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No