Claimant v Tuffnells Parcels Express Limited (in administration)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 regarding consultation about proposed dismissals. This was a collective redundancy situation where the employer, in administration, failed to carry out the required consultation process before making redundancies. The tribunal awarded the maximum protective award of 90 days.
Facts
Tuffnells Parcels Express Limited entered administration and made multiple employees redundant from 12 June 2023. Twenty-three employees brought claims alleging the company failed to comply with collective consultation requirements under section 188(1) of TULRCA 1992. The respondent company was in administration and did not participate in the proceedings. The claims were determined on the papers without a hearing.
Decision
The tribunal found the claims well-founded and awarded the maximum protective award of 90 days under section 189 TULRCA 1992. The protected period runs from 12 June 2023. The Recoupment Regulations apply to the award. This appears to be a default judgment given the respondent's insolvency and non-participation.
Practical note
Employers who enter administration and make collective redundancies without following proper consultation procedures face protective awards of up to 90 days' pay per affected employee, even if the company is insolvent.
Legal authorities cited
Statutes
Case details
- Case number
- 1804064/2023
- Decision date
- 20 March 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No