Claimant v Technicolor Creative Studios UK Limited
Outcome
Individual claims
The tribunal found the respondent failed to comply with its obligations under sections 188 and 189(4) of the Trade Union and Labour Relations (Consolidation) Act 1992 to inform and consult with appropriate representatives prior to collective redundancy. A declaration was made and a protective award of 90 days granted.
Facts
The claimant was employed by Technicolor Creative Studios UK Limited, a media company. The respondent proposed collective redundancies but failed to inform and consult with appropriate employee representatives as required by law. The claimant brought a claim under sections 188 and 189(4) of TULRCA 1992 for failure to inform and consult on collective redundancies.
Decision
The tribunal found the claim well-founded and made a declaration that the respondent had breached its statutory duty. The tribunal awarded the maximum protective award of 90 days, resulting in a payment of £69,230.70 to the claimant, for which he is responsible for any tax or National Insurance.
Practical note
Employers must strictly comply with collective consultation requirements under TULRCA 1992 before making redundancies, as failure to do so can result in substantial protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2200744/2024
- Decision date
- 14 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- media
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- Yes
- Rep type
- barrister