Claimant v Actual Experience Plc (In Administration)
Outcome
Individual claims
The respondent dismissed approximately 60 employees as redundant on 7 November 2023 but failed to consult with employee representatives as required by section 188 TULRCA. The respondent did not recognise any trade union and did not appoint or arrange for the election of employee representatives. The respondent failed to undertake any adequate consultation prior to the dismissals. The tribunal found these failures breached multiple requirements of section 188 and made a protective award of 90 days.
Facts
The respondent company entered administration on 7 November 2023 and on the same day summarily dismissed approximately 60 employees by reason of redundancy, including the four claimants who worked at the Bath premises. The employees were told not to come to work and were not paid. The respondent did not recognise any trade union and failed to appoint or arrange for the election of employee representatives. No consultation took place prior to the dismissals.
Decision
The tribunal found that the respondent failed to comply with multiple requirements of section 188 TULRCA regarding collective consultation before redundancies. The claim was well-founded and the tribunal made a protective award of 90 days' remuneration beginning 7 November 2023 for all four claimants.
Practical note
An employer entering administration and making mass redundancies must still comply with section 188 TULRCA consultation obligations, and failure to do so will result in a protective award of up to 90 days' pay.
Legal authorities cited
Statutes
Case details
- Case number
- 1405821/2023
- Decision date
- 3 May 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No