Claimant v ISG Retail Limited (in administration)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with its duties under section 188 of TULR(C)A 1992 by failing to consult properly or at all with the claimant regarding proposed redundancies. The claimant was informed on 20 September 2024 that he was being made redundant with immediate effect along with more than 20 other employees, triggering collective consultation requirements which were not met.
Facts
The claimant was employed by ISG Retail Limited. On 20 September 2024, the claimant was informed that he was being made redundant with immediate effect, along with more than 20 other employees. The respondent company was in administration. The respondent failed to carry out proper or any collective consultation as required by law before implementing the redundancies.
Decision
The tribunal found that the respondent had failed to comply with its statutory duty under section 188 of TULR(C)A 1992 to consult with affected employees regarding proposed redundancies. The tribunal awarded a protective award for the maximum period of 90 days, amounting to £16,495.89 based on the claimant's weekly wage of £1,286.54.
Practical note
Employers making 20 or more employees redundant at one establishment must undertake proper collective consultation; failure to do so will result in a protective award of up to 90 days' pay per affected employee, even where the employer is insolvent.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6014470/2024
- Decision date
- 20 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
Employment details
Claimant representation
- Represented
- No