Claimant v Aspect Facades Limited (in administration)
Outcome
Individual claims
The tribunal found that the respondent dismissed all 23 claimants due to redundancy on 31 January 2024 with immediate effect and without prior consultation. There were no appropriate representatives within the meaning of section 188(1B) TULRCA and no steps had been taken to elect employee representatives. The respondent therefore failed to comply with the requirements of s188 TULRCA.
Facts
Aspect Facades Limited went into administration on 2 February 2024. The company dismissed all 23 claimants for redundancy on 31 January 2024 with immediate effect and without any prior consultation. All claimants were assigned to the respondent's Newton Aycliffe site. The respondent had no appropriate representatives and took no steps to elect employee representatives for collective redundancy consultation purposes.
Decision
The tribunal found the complaint well-founded. The respondent had failed to comply with its obligations under s188 TULRCA to inform and consult on collective redundancies. The tribunal made a protective award of 90 days' pay for all 23 claimants, running from the effective date of termination on 31 January 2024.
Practical note
Employers must comply with collective redundancy consultation obligations under TULRCA even when facing insolvency, and failure to do so will result in a protective award of up to 90 days' pay.
Legal authorities cited
Statutes
Case details
- Case number
- 2500547/2024
- Decision date
- 12 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No