Claimant v Henry Construction Projects Limited (In Administration)
Outcome
Individual claims
The tribunal found that the first respondent dismissed 20 or more employees as redundant at one establishment within a period of 90 days without complying with the required consultation obligations under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The respondent's failure to conduct the legally required collective consultation before the redundancy dismissals made the complaint well-founded.
Facts
Henry Construction Projects Ltd went into administration and dismissed 20 or more employees as redundant on 8 June 2023 from its establishment at Parkway Farm Church Road, Cranford, Hounslow and other locations. The respondent failed to conduct any collective consultation as required under section 188 of TULR(C)A 1992 before making these redundancy dismissals. The administrators consented to the proceedings continuing. Neither respondent appeared at the hearing.
Decision
The tribunal found the complaint of failure to inform and consult under section 189(1)(a) TULR(C)A 1992 well-founded. The tribunal made a protective award requiring the first respondent to pay each of the 24 claimants their remuneration for the maximum 90-day protected period beginning 8 June 2023, reflecting the serious breach of consultation obligations.
Practical note
Employers making 20 or more redundancies must comply with collective consultation requirements even when entering administration, or face the maximum 90-day protective award for each affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 3311473/2023
- Decision date
- 8 November 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister