Claimant v H.P.A.S Limited trading as Safestyle UK (in administration)
Outcome
Individual claims
This was a Rule 21 default judgment where the respondent failed to respond to the claims. The tribunal found the respondent failed to comply with section 188(1) TULR(C)A 1992 requiring consultation about proposed dismissals. A protective award of the maximum 90 days was made to all 262 claimants.
Facts
Safestyle UK went into administration on or around 30 October 2023. 262 employees brought claims under Rule 21 after the company in administration failed to respond to their claims. The claimants alleged the respondent failed to comply with the statutory duty to inform and consult about proposed dismissals under section 188(1) of TULR(C)A 1992.
Decision
The tribunal entered default judgment under Rule 21 in favour of all 262 claimants, finding that the respondent failed to comply with its consultation obligations. The tribunal made a protective award of the maximum 90 days' remuneration to each claimant for the protected period starting 30 October 2023. Recoupment Regulations apply.
Practical note
When an employer in administration fails to defend collective redundancy consultation claims, tribunals will award the maximum 90-day protective award under Rule 21 default judgment.
Legal authorities cited
Statutes
Case details
- Case number
- 1800150/2024
- Decision date
- 8 October 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No