Outcome
Individual claims
The Respondent failed to comply with its statutory collective consultation obligations under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 before proposed redundancy dismissals took effect. All claimants were assigned to one establishment and the respondent's breach was established.
Facts
Brawd Pizza Limited, a company in creditors voluntary liquidation, made 33 employees redundant on 24 November 2023. All employees were assigned to one establishment. The respondent failed to carry out any collective consultation with affected employees or their representatives before the redundancies took effect, in breach of its statutory obligations under section 188 TULRCA 1992.
Decision
The tribunal found all 33 claims for a protective award well-founded. The respondent had failed to comply with its collective consultation obligations. The tribunal awarded the maximum protective award of 90 days remuneration beginning on 24 November 2023, with recoupment provisions applying.
Practical note
Employers in financial difficulty including those entering liquidation must still comply with collective redundancy consultation obligations or face protective awards of up to 90 days pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 1603108/2023
- Decision date
- 13 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No