Claimant v Tolent Construction Limited (In Administration)
Outcome
Individual claims
The tribunal found that the claimant's claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188 consultation requirements was not well-founded and dismissed it.
The tribunal determined that the claimant's breach of contract claim was not well-founded and dismissed it. No further details of the basis for the claim or the tribunal's reasoning are provided in this judgment.
Facts
Mr Morland was employed by Tolent Construction Limited, which entered administration. He brought claims for failure to inform and consult under section 189 of TULRCA 1992, alleging the respondent failed to comply with section 188 consultation requirements, and a breach of contract claim. The Secretary of State for Business and Trade was joined as a Rule 96 party.
Decision
The tribunal dismissed both claims, finding that the failure to inform and consult claim was not well-founded and the breach of contract claim was not well-founded. Oral reasons were given at the hearing but no written reasons were requested.
Practical note
Claims for failure to inform and consult under TULRCA 1992 and breach of contract against an employer in administration require sufficient evidence to establish the statutory requirements were breached and that contractual obligations were not met.
Legal authorities cited
Statutes
Case details
- Case number
- 2500461/2023
- Decision date
- 18 September 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No