Claimant v West Cambs Federation CIC
Outcome
Individual claims
The respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 by dismissing 20 or more employees as redundant without any consultation having taken place with elected employee representatives or a recognised trade union. The tribunal found the respondent breached its statutory duty to inform and consult.
Facts
Multiple claimants were employed as clinical pharmacists at Priory Fields Surgery in Huntingdon. On or after 9 January 2024, 20 or more employees at the establishment were made redundant without any consultation having taken place. There were no elected employee representatives or recognised trade union. The first respondent entered voluntary liquidation and neither respondent filed a response or contested the claim.
Decision
The tribunal found the respondent breached section 188 of TULRCA 1992 by failing to inform and consult over collective redundancies. The tribunal awarded the maximum 90-day protective award starting from 9 January 2024, finding no circumstances to depart from the principle that such awards are punitive. The Recoupment Regulations apply and previous payments from the Insolvency Service must be taken into account.
Practical note
Employers who make 20 or more employees redundant without any consultation will face the maximum 90-day protective award unless there are circumstances making it just not to do so, even where the company is insolvent.
Legal authorities cited
Statutes
Case details
- Case number
- 3303897/2024
- Decision date
- 4 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Role
- Clinical pharmacist
Claimant representation
- Represented
- Yes
- Rep type
- barrister