Claimant v Tuffnells Parcels Express Limited
Outcome
Individual claims
The respondent company, Tuffnells Parcels Express Limited, was in administration and failed to comply with the requirements of section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 regarding consultation about proposed dismissals. The tribunal found the complaint well-founded and made a protective award for all 687 claimants.
Facts
Tuffnells Parcels Express Limited entered administration and dismissed 687 employees with effect from 12 June 2023. The respondent company failed to comply with statutory requirements under section 188(1) of TULRCA 1992 to consult with employees or their representatives about the proposed collective dismissals. The claimants brought claims for failure to inform and consult in a mass redundancy situation.
Decision
The tribunal found the claimants' complaints well-founded and made a protective award under section 189 of TULRCA 1992. Each of the 687 claimants was awarded remuneration for a protected period of 90 days commencing from the date of termination on 12 June 2023. Recoupment regulations apply to the awards.
Practical note
Employers must comply with collective consultation requirements even when entering administration, and failure to do so will result in protective awards of up to 90 days' pay for affected employees.
Legal authorities cited
Statutes
Case details
- Case number
- 1805756/2023
- Decision date
- 17 February 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No