Claimant v Solair Limited
Outcome
Individual claims
The first respondent dismissed all 20 claimants with immediate effect on 25 September 2023 without any prior consultation or warning. Section 188 TULR(C)A required collective consultation of at least 30 days. There were no special circumstances rendering it not reasonably practicable to comply. The tribunal found this failure warranted the maximum 90-day protective award.
Miss S Collins' claim dismissed as out of time. She did not commence ACAS early conciliation until 15 February 2024, after the deadline of 24 December 2023, with no explanation provided.
Facts
Twenty employees of Solair Ltd were dismissed with immediate effect on 25 September 2023 by reason of redundancy without any prior warning or consultation. The company was in proposed liquidation. All employees were notified of their redundancy on the same day via a letter from an outsourced insolvency service. No consultation had taken place before the dismissals, no trade union was recognised, and no arrangements were made for election of employee representatives.
Decision
The tribunal found that the first respondent failed to comply with its duty to consult under section 188 TULR(C)A. There were no special circumstances justifying this failure. A protective award of the maximum 90 days was ordered for 19 of the 20 claimants. One claimant's claim was dismissed as out of time because she commenced ACAS early conciliation too late.
Practical note
Even in insolvency situations, employers must comply with collective consultation requirements and the maximum 90-day protective award will be appropriate absent mitigating circumstances, as these awards are punitive not compensatory.
Legal authorities cited
Statutes
Case details
- Case number
- 1306640/2023
- Decision date
- 21 March 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- Solair Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No