Claimant v Cosmur Construction London Limited

Outcome

Facts

The claimant was an Estimator employed by a construction company from October 2018 until dismissed for redundancy on 31 March 2023. The respondent, facing financial difficulties, proposed dismissing 33 employees. On 20 March 2023 employees were informally told of potential redundancies. A letter on 27 March 2023 promised consultation and stated representatives would be elected. Representatives including the claimant were elected on 29 March 2023, but no consultation occurred. All 33 employees were dismissed on 31 March 2023 with no meaningful consultation having taken place. The claimant obtained new employment on 9 May 2023.

Decision

The tribunal found the respondent failed to comply with section 188 TULCRA collective redundancy consultation requirements. Despite the statutory minimum 30-day consultation period, the respondent provided virtually no consultation: representatives were elected just two days before dismissals and received no information. The tribunal awarded the maximum 90-day protective award as there were no mitigating circumstances and the breach was tantamount to complete failure to comply with consultation requirements.

Practical note

Legal authorities cited