Claimant v The Wild Beer Company Limited (In Administration)
Outcome
Individual claims
The tribunal found the complaint that the respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 to be well founded. The respondent, being in administration, did not comply with the statutory duty to inform and consult about collective redundancies. This entitled the claimant to a protective award for the maximum period of 90 days.
Facts
The claimant was employed by The Wild Beer Company Limited, which entered administration. The company was proposing to dismiss 20 or more employees as redundant at one establishment. The respondent failed to comply with the statutory duty under section 188 of TULRCA 1992 to inform and consult with employees or their representatives about the proposed collective redundancies before the redundancies took effect.
Decision
The tribunal unanimously found the complaint well founded. The respondent failed to comply with the requirement to inform and consult under section 188 TULRCA 1992. The tribunal made a protective award ordering the respondent to pay the claimant remuneration for the maximum protected period of 90 days beginning 15 December 2022, subject to recoupment provisions.
Practical note
Employers in administration remain liable for failure to inform and consult on collective redundancies, and tribunals will award the maximum 90-day protective award where there has been complete failure to comply with consultation obligations.
Legal authorities cited
Statutes
Case details
- Case number
- 1401413/2023
- Decision date
- 2 February 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister