Claimant v Secretary of State for Business and Trade
Outcome
Individual claims
The claimant's former employer Hendrie Legal Limited dismissed 20 or more employees without any consultation whatsoever. This was a complete failure to comply with s.188 Trade Union and Labour Relations (Consolidation) Act 1992. There were no special circumstances which rendered consultation not reasonably practicable. The tribunal confirmed the earlier protective award made by Employment Judge Cowen and ordered the Secretary of State to pay it.
Facts
Ms Ferrier was employed by Hendrie Legal Limited from July 2022 to March 2023 as a Post Settlement Coordinator. Her employer became insolvent and a Judicial Factor was appointed. She was made redundant with immediate effect on 28 March 2023 along with 20 or more other employees. There was no consultation whatsoever before dismissal and no recognised trade union or employee representatives. Employment Judge Cowen had previously made a protective award of 90 days which Hendrie Legal failed to pay. The claimant applied to the Secretary of State for payment under s.182 ERA 1996.
Decision
The tribunal confirmed that Hendrie Legal had completely failed to comply with its duty to consult under s.188 TULRCA 1992. There were no special circumstances or mitigating factors. The tribunal ordered the Secretary of State for Business and Trade to pay the protective award of £5,875 (90 days at £451.92 per week), subject to the statutory limits in s.184(1)(a) ERA 1996.
Practical note
When an insolvent employer fails to pay a protective award, the claimant must bring a separate claim under s.188 ERA 1996 against the Secretary of State to enforce payment.
Award breakdown
Award equivalent: 13.0 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 4102577/2024
- Decision date
- 2 July 2024
- Hearing type
- other
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Secretary of State for Business and Trade
- Sector
- central government
- Represented
- No
Employment details
- Role
- Post Settlement Coordinator
- Salary band
- £20,000–£25,000
- Service
- 9 months
Claimant representation
- Represented
- Yes
- Rep type
- solicitor