Claimant v Greenshires Group Limited (In Administration)
Outcome
Individual claims
The tribunal found that the respondent proposed to dismiss 20 or more employees as redundant at one location on 23 February 2024, with immediate effect. There was no proper warning or consultation undertaken with a recognised trade union, no consultation with the claimants, and no employee representatives had been elected or appointed within section 188A of the 1992 Act. This constituted a breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Facts
Greenshires Group Limited went into administration and on 22 February 2024 informed its employees that attempts to save the company had failed. On 23 February 2024, administrators announced immediate termination of employment for 47 employees at a single location (164 Barkby Road, Leicester) on grounds of redundancy. There was no advance warning, no consultation with employees or a recognised trade union, and no election of employee representatives as required by law.
Decision
The tribunal made a Rule 21 default judgment as the respondent (in administration) failed to present a response. The tribunal found the respondent breached its duty under section 188 of TULR(C)A 1992 to consult on collective redundancies and awarded the maximum protective award of 90 days' pay to all 47 claimants, beginning from 23 February 2024.
Practical note
Employers proposing to dismiss 20 or more employees as redundant at one establishment must consult with employee representatives or a recognised trade union in advance; failure to do so results in a protective award of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 2600739/2024
- Decision date
- 20 September 2024
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- solicitor