Claimant v Field and Civil Engineering Limited (in administration)
Outcome
Individual claims
The first respondent dismissed 32 employees for redundancy on 10 November 2022 without consulting or seeking to consult with a recognised trade union and made no attempts to arrange for election of employee representatives or consult with employees. The tribunal found the respondent failed to comply with TULCRA section 188 requirements and there were no mitigating circumstances. As this was a default judgment (respondent barred from participating having not filed a response), the claims succeeded in full.
Facts
32 employees of Field and Civil Engineering Limited were dismissed summarily for redundancy on 10 November 2022 without any notice or redundancy pay. The employer, which entered administration, failed to consult with any trade union or employee representatives before the dismissals and made no attempt to arrange for election of representatives. The employer did not file a response and was barred from participating in proceedings, though the administrator consented to proceedings continuing.
Decision
The tribunal determined the claims on paper as a default judgment under Rule 21. It found the failure to consult under TULCRA s.188 was established and there were no mitigating circumstances. Following Susie Radin v GMB, the tribunal ordered the maximum protective award of 90 days' pay for each of the 32 claimants, beginning from the dismissal date.
Practical note
Where an employer in administration conducts collective redundancies without any consultation whatsoever and fails to defend the claim, tribunals will award the maximum 90-day protective award with no mitigation.
Legal authorities cited
Statutes
Case details
- Case number
- 2602992/2022
- Decision date
- 29 February 2024
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No