Claimant v Tolent Construction Limited
Outcome
Individual claims
The respondent entered administration and dismissed 20 or more employees as redundant from February 2023. There was no proper warning or consultation undertaken with a recognised trade union or the claimant. No employee representatives had been elected or appointed for consultation as required by section 188A of the 1992 Act. The tribunal found the respondent in breach of its duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and awarded the maximum protective period of 90 days.
Facts
Tolent Construction Limited entered administration on 13 February 2023 and dismissed 20 or more employees as redundant from its Gateshead premises. The first dismissal took effect on 13 February 2023. The respondent failed to provide any proper warning or consultation with a recognised trade union or with the claimant. No employee representatives were elected or appointed for consultation as required by law. The respondent initially defended the claim but withdrew its defence on 16 May 2024.
Decision
The tribunal found the respondent in breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failing to inform and consult about the collective redundancy. The tribunal made a protective award under section 189 for the maximum period of 90 days beginning on 10 March 2023. This was a Rule 21 default judgment entered on the papers without a hearing as the respondent ceased to defend the claim.
Practical note
Employers in administration remain bound by collective consultation requirements under section 188 TULRCA 1992, and failure to consult will result in a protective award of up to 90 days' pay.
Legal authorities cited
Statutes
Case details
- Case number
- 2500586/2023
- Decision date
- 26 June 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No