Claimant v Moore Large & Company Limited (in administration)

Outcome

Facts

Moore Large & Company Limited employed over 20 employees at a single site in Derby. On 13 March 2023, the company went into administration without warning and dismissed all employees as redundant on the same day. There was no recognised trade union or existing employee representatives. The Respondent made no attempt to appoint employee representatives or conduct any consultation whatsoever before the dismissals. 89 individual claimants brought claims for protective awards. The Respondent did not file a defence. The Secretary of State was joined as an interested party as any awards would be paid from the National Insurance Fund.

Decision

The tribunal found the Respondent had completely failed to comply with its duties under sections 188 and 188A TULCRA 1992 to consult about collective redundancies. The tribunal made a declaration to that effect and awarded a protective award of the maximum 90 days pay to all 89 claimants for the period commencing 13 March 2023. The tribunal found no mitigating circumstances to justify any reduction from the starting point of 90 days, given the complete absence of consultation and the Respondent's failure to respond.

Practical note

Legal authorities cited