Claimant v Formaplex Technologies Limited (in administration)
Outcome
Individual claims
The tribunal found that the First Respondent failed to consult pursuant to s.188 Trade Union and Labour Relations (Consolidation) Act 1992 before making 20 or more employees redundant at three sites (Voyager Park South, Hazleton Interchange, and Northarbour Road) on 26 January 2024. There was no appropriate representative for consultation purposes. A 90-day protective award was made for the protected period from 26 January to 25 April 2024.
Facts
Formaplex Technologies Ltd went into administration and made more than 20 employees redundant at three of its sites on 26 January 2024. The company failed to consult with any appropriate employee representatives before the redundancies took effect. Over 80 employees brought claims for failure to consult under section 188 TULCRA 1992. Five claims were dismissed for lack of evidence (no witness statements filed).
Decision
The tribunal upheld the majority of claims, finding that the First Respondent breached its duty to consult under s.188 TULCRA 1992 at three sites where 20+ employees were made redundant. A 90-day protective award was made. Five claims failed due to claimants not providing witness statements or because they did not challenge the administrator's position.
Practical note
Employers in administration remain liable for collective consultation failures, and a maximum 90-day protective award will be made where there has been no consultation whatsoever before large-scale redundancies.
Legal authorities cited
Statutes
Case details
- Case number
- 1400801/2024
- Decision date
- 21 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister