Claimant v Middleton Mobility Ltd (In administration)
Outcome
Individual claims
The Tribunal found that the Respondent failed to comply with section 188 of TULRCA 1992 requiring consultation before collective redundancies. The Respondent, in administration, did not attend or defend the claim. The Tribunal made a protective award for the maximum 90-day protected period for employees dismissed as redundant on or after 16th January 2023 from the Bristol Head Office.
Facts
Multiple employees of Middleton Mobility Ltd were dismissed as redundant on or after 16th January 2023 following the company entering administration. The employees were based at the Head Office in St James Court, Bristol. The Respondent failed to carry out collective consultation as required by section 188 TULRCA 1992. Neither the Respondent nor the Interested Party (Secretary of State) attended the hearing.
Decision
The Tribunal found the complaint well founded. The Respondent failed to comply with section 188 TULRCA requiring consultation before collective redundancies. The Tribunal made a protective award for the maximum period of 90 days beginning on 16th January 2023, ordering the Respondent to pay remuneration to the affected employees for this protected period.
Practical note
Employers in administration remain liable for failure to consult on collective redundancies, and tribunals will award the maximum 90-day protective award where employers fail to attend or properly defend such claims.
Legal authorities cited
Statutes
Case details
- Case number
- 1403109/2023
- Decision date
- 9 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- solicitor