Claimant v Topside Group Limited (in creditors' voluntary liquidation)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirements of section 188 or section 188A of the Trade Union & Labour Relations (Consolidation) Act 1992 regarding collective consultation prior to collective redundancies. The respondent was in liquidation and there is no indication they conducted the required consultation process with the affected employees or their representatives.
Facts
Multiple claimants (43 employees) were dismissed by Topside Group Limited on or around 6 April 2023 when the company went into creditors' voluntary liquidation. The respondent failed to undertake collective consultation with employees or their representatives as required by law before making collective redundancies.
Decision
The tribunal found the respondent's failure to comply with collective consultation requirements was established and awarded each claimant a protective award of 90 days remuneration (the maximum period) beginning from the date of dismissal on 6 April 2023. The recoupment regulations apply to the awards.
Practical note
Employers facing insolvency must still comply with collective consultation requirements under TULRCA 1992 before making collective redundancies, and failure to do so will result in the maximum protective award of 90 days pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 2501655/2023
- Decision date
- 10 January 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No