Claimant v Pittards Plc (In Administration)
Outcome
Individual claims
The respondent entered administration on 4 September 2023 and dismissed all 139 employees as redundant on 6 September 2023 with immediate effect. The respondent failed to undertake any or any adequate consultation with the recognised union prior to the dismissals, breaching the requirement under s.188 TULRCA to consult at least 90 days before dismissing 100 or more employees. The tribunal found this failure to comply with the consultation requirements well-founded and made a protective award for the maximum 90-day protected period.
Facts
Pittards Plc, a leather manufacturing company, entered administration on 4 September 2023. Two days later, on 6 September 2023, the administrators dismissed all 139 employees at the Yeovil premises as redundant with immediate effect. Community Union was the recognised trade union for hourly paid leather workers. The respondent failed to undertake any adequate consultation with the union prior to the mass redundancies, despite the legal requirement to consult at least 90 days before dismissing 100 or more employees.
Decision
The tribunal found the complaint that the respondent failed to comply with section 188 TULRCA well-founded. The respondent was required to consult the recognised union at least 90 days before dismissing over 100 employees but failed to do so. The tribunal made a protective award of 90 days remuneration for all hourly paid leather worker employees who were dismissed on 6 September 2023, beginning from that date.
Practical note
Administrators must still comply with collective consultation obligations under TULRCA when making mass redundancies, and failure to do so will result in a protective award of up to 90 days pay for affected employees.
Legal authorities cited
Statutes
Case details
- Case number
- 1405637/2023
- Decision date
- 10 June 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Role
- hourly paid leather worker
Claimant representation
- Represented
- Yes
- Rep type
- union