Claimant v Severnprint Ltd (In Administration)
Outcome
Individual claims
The tribunal found that the first respondent failed to comply with section 188 of TULRCA 1992. Although employee representatives were elected on 26 January 2024, there was no consultation about the impending redundancies and the consultation did not begin at least 30 days before the dismissals took effect on 31 January 2024. The respondent dismissed 38 employees as redundant with immediate effect without adequate consultation.
Facts
Severnprint Ltd announced closure on 23 January 2024 and elected 5 employee representatives on 26 January 2024 to represent 38 shift and office workers. On 31 January 2024, all 38 employees at the Ashville Industrial Estate premises were dismissed as redundant with immediate effect when the company entered administration. No meaningful consultation took place despite the election of representatives. 17 individual claims were brought but only 5 were by the elected representatives.
Decision
The tribunal found that the first respondent breached section 188 TULRCA 1992 by failing to conduct consultation at least 30 days before the dismissals. A protective award of 90 days' pay was made for all affected employees. 11 claims were dismissed because those claimants were not elected representatives and therefore lacked standing. One duplicate claim was also dismissed.
Practical note
In collective redundancy situations without a recognised union, only elected employee representatives have standing to bring protective award claims - individual affected employees cannot bring their own claims if representatives have been properly elected.
Legal authorities cited
Statutes
Case details
- Case number
- 1400668/2024
- Decision date
- 13 September 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister