Claimant v Tolent Construction Limited
Outcome
Individual claims
The respondent entered administration on 13 February 2023 and dismissed 20 or more employees as redundant without proper warning or consultation with a recognised trade union or the claimants. There was no consultation with the claimants and no employee representatives had been elected or appointed as required by section 188A of the 1992 Act, constituting a clear breach of the duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Facts
Tolent Construction Limited entered administration on 13 February 2023 and dismissed 20 or more employees as redundant from their Gateshead premises without any consultation. No warning was given to a recognised trade union or the affected employees, and no employee representatives were elected or appointed as required by statute. The respondent filed responses through the administrator confirming they would not defend the claims and agreed to lift the moratorium to allow the protective award claims to proceed.
Decision
The tribunal found the respondent in breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failing to consult before collective redundancies. The tribunal entered judgment under Rule 21 on the papers without a hearing, awarding the maximum protective award of 90 days beginning 13 February 2023 to the claimants named on the schedule, with recoupment provisions applying.
Practical note
When an employer enters administration and makes collective redundancies without any consultation with unions or employee representatives, tribunals will award the maximum 90-day protective award under section 189 TULRCA 1992, even where claims are undefended.
Legal authorities cited
Statutes
Case details
- Case number
- 2500402/2023
- Decision date
- 24 April 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No