Cases→1406285/2023

Claimant v Pittards Plc (In Administration)

10 June 2024Before Employment Judge N J Roperremote video

Outcome

Claimant succeeds

Individual claims

Failure to Inform & Consultsucceeded

The respondent entered administration on 4 September 2023 and dismissed all 139 employees on 6 September 2023 by reason of redundancy with immediate effect. The respondent failed to undertake any or any adequate consultation with the claimant or appropriate employee representatives prior to the dismissals, as required by section 188 of TULRCA 1992. The tribunal found the complaint well founded and awarded a 90-day protective award.

Facts

Pittards Plc entered administration on 4 September 2023. On 6 September 2023, the Administrators dismissed all 139 employees including the claimant, Mr Philip Selby (a Purchasing Officer Maintenance), by reason of redundancy with immediate effect. There were no elected employee representatives in place and the respondent did not arrange to elect or appoint any. The respondent failed to undertake any or any adequate consultation with the claimant prior to the dismissals, as required by section 188 of TULRCA 1992. The respondent did not attend the hearing.

Decision

The tribunal found the complaint that the respondent failed to comply with the consultation requirements under section 188 of TULRCA 1992 to be well founded. The tribunal made a protective award ordering the respondent to pay the claimant remuneration for a protected period of 90 days beginning on 6 September 2023. The maximum 90-day period was awarded because the respondent dismissed 100 or more employees without any consultation whatsoever.

Practical note

When an employer dismisses 100 or more employees as redundant within 90 days, complete failure to conduct any consultation under section 188 TULRCA 1992 will result in the maximum 90-day protective award, even where the employer is in administration.

Legal authorities cited

Statutes

Trade Union and Labour Relations (Consolidation) Act 1992 s.188(2)Trade Union and Labour Relations (Consolidation) Act 1992 s.188(4)Trade Union and Labour Relations (Consolidation) Act 1992 s.188Trade Union and Labour Relations (Consolidation) Act 1992 s.188A(1)Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996, SI 1996 No 2349Trade Union and Labour Relations (Consolidation) Act 1992 s.188(5)Trade Union and Labour Relations (Consolidation) Act 1992 s.188(1)Trade Union and Labour Relations (Consolidation) Act 1992 s.188(1A)Trade Union and Labour Relations (Consolidation) Act 1992 s.188(1B)

Case details

Case number
1406285/2023
Decision date
10 June 2024
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Name
Pittards Plc (In Administration)
Sector
manufacturing
Represented
No

Employment details

Role
Purchasing Officer Maintenance

Claimant representation

Represented
Yes
Rep type
solicitor
Search for this judgment on GOV.UK →