Cases→2300752/2023

Claimant v SC Realisations 2023 Limited (In Administration)

18 February 2025Before Employment Judge SudraLondon Southremote video

Outcome

Claimant succeeds

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found the respondent had failed to comply with section 188 of TULR(C)A requiring consultation before collective redundancies. The respondent failed to attend the hearing to defend the claim. A protective award of 90 days was made for the failure to inform and consult.

Facts

Multiple claimants were dismissed by the respondent company on 23 January 2023 as part of a collective redundancy. The respondent company was in administration. The claimants alleged the respondent failed to comply with the statutory duty to inform and consult employees prior to the redundancies under section 188 of TULR(C)A. The respondent failed to attend the hearing.

Decision

The tribunal found the complaint well-founded and awarded a protective award of 90 days remuneration to all claimants, beginning from the date of dismissal on 23 January 2023. The claimants must now quantify their awards and seek payment from the respondent, with recoupment regulations applying.

Practical note

Failure to attend a protective award hearing when a company is in administration will result in maximum 90-day awards being granted where collective redundancy consultation obligations were not met.

Legal authorities cited

Statutes

TULR(C)A 1992 s.189(3)TULR(C)A 1992 s.188Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996TULR(C)A 1992 s.192TULR(C)A 1992 s.189

Case details

Case number
2300752/2023
Decision date
18 February 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Name
SC Realisations 2023 Limited (In Administration)
Sector
other
Represented
No

Claimant representation

Represented
Yes
Rep type
lay rep
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