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. The respondent, being in administration and facing insolvency, did not meaningfully consult with employees before dismissing them. A protective award of 90 days was made to compensate for this breach.
Facts
Tuffnells Parcels Express Limited, a logistics company, went into administration and dismissed 335 employees on or around 12 June 2023. The respondent failed to comply with statutory requirements to consult with employees or their representatives before making these dismissals. The claimants, all former employees, brought claims for failure to inform and consult under section 188 TULRCA 1992.
Decision
The tribunal found the respondent's failure to consult well-founded and made a protective award of 90 days' pay to each of the 335 claimants, commencing from the date of dismissal on 12 June 2023. The Recoupment Regulations apply to the award.
Practical note
Employers in administration remain obligated to comply with collective consultation requirements under TULRCA 1992, and failure to do so will result in a protective award of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 1808157/2023
- Decision date
- 17 February 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No