Claimant v Star Leisure Limited t/a Fortuna Entertainment (in Administration)
Outcome
Individual claims
The tribunal found the complaint under section 189 of TULR(C)A well founded, as the respondent failed to comply with the section 188 requirements to inform and consult with employee representatives prior to the collective redundancy dismissals that took effect on 27 July 2023.
Facts
The claimant was one of multiple employees dismissed by Star Leisure Limited (in administration) on 27 July 2023. The company was in administration with FRP Advisory/Ben Stanyon as administrator. The dismissals were collective redundancies requiring consultation under TULR(C)A. The respondent failed to attend the hearing. The claimant brought a claim for failure to inform and consult under sections 188 and 189 of TULR(C)A.
Decision
The tribunal found the claim well founded as the respondent failed to comply with statutory requirements to inform and consult prior to collective redundancies. The tribunal ordered a protective award of 90 days remuneration beginning 27 July 2023, the maximum period available. The claimant must now quantify and seek payment separately under s192.
Practical note
Employers in administration must still comply with collective consultation requirements, and failure to do so results in a protective award of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 2304158/2023
- Decision date
- 17 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No