Claimant v Linkline Transport Limited (in administration)
Outcome
Individual claims
The tribunal found the claim for a protective award under section 189 TULRCA 1992 well-founded. The respondent failed in its statutory duty to consult the claimant and his former colleagues under section 188 before making collective redundancies. This was a default judgment made under Rule 22 on the papers without a hearing.
Facts
The claimant was employed by Linkline Transport Limited, which went into administration. The respondent dismissed the claimant and his colleagues on 18 June 2024 as part of collective redundancies without consulting employees as required by law. The respondent did not participate in the tribunal proceedings.
Decision
The tribunal made a default judgment under Rule 22 finding the claim well-founded. The respondent failed in its statutory duty to inform and consult under section 188 TULRCA 1992. The tribunal awarded a protective award of 8 weeks' remuneration starting from the date of the first dismissal.
Practical note
Employers in insolvency must still comply with collective consultation obligations, and failure to do so will result in a protective award of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 6010888/2024
- Decision date
- 16 January 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No