Claimant v Surgo Construction Limited
Outcome
Individual claims
The respondent failed to comply with section 188 of TULR(C)A 1992 by not providing proper warning or consultation with the recognised trade union or the claimants before dismissing 46 employees as redundant on 13 March 2024. No employee representatives had been elected or appointed for consultation as required by section 188A.
Facts
Surgo Construction Limited entered administration on 14 March 2024 and dismissed approximately 46 employees as redundant from 13 March 2024. The respondent failed to provide proper warning or consultation with the recognised trade union or affected employees before the dismissals. No employee representatives had been elected or appointed for consultation. The respondent did not file a response to the claims.
Decision
The tribunal found that the respondent breached its duty under section 188 of TULR(C)A 1992 to inform and consult before collective redundancies. The tribunal awarded the maximum protective award of 90 days remuneration commencing 13 March 2024, subject to recoupment provisions.
Practical note
Employers must comply with collective consultation obligations under section 188 TULR(C)A 1992 before dismissing 20 or more employees as redundant, and failure to do so will result in a protective award of up to 90 days pay.
Legal authorities cited
Statutes
Case details
- Case number
- 2500844/2024
- Decision date
- 4 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No