Claimant v Almor Limited (in administration)
Outcome
Individual claims
The respondent failed to comply with Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 requiring collective consultation before redundancies. The respondent did not file a response and administrators consented to the claim proceeding. A default judgment was entered in the claimants' favour.
Facts
Ten employees of Almor Limited were dismissed on or after 11 July 2022 when the company went into administration. There was no recognised trade union or elected employee representatives. The respondent failed to comply with its statutory duty under Section 188 TULRCA 1992 to collectively consult before making the redundancies. The administrators consented to the claims proceeding but no response was filed.
Decision
The tribunal entered a default judgment in favour of all ten claimants, finding the failure to consult claim well-founded. The tribunal made a protective award of the maximum 90 days remuneration for each claimant, beginning from the date of the first dismissals on 11 July 2022. Recoupment regulations apply.
Practical note
Where a company in administration fails to collectively consult before redundancies and does not defend the claim, tribunals will award the maximum 90-day protective award to affected employees.
Legal authorities cited
Statutes
Case details
- Case number
- 1308433/2022
- Decision date
- 21 February 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- solicitor