Claimant v JDP Frames Limited (in Administration)
Outcome
Individual claims
The tribunal granted a declaration that the respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, which requires employers to inform and consult with trade unions when proposing collective redundancies. The respondent did not appear to contest the claim, resulting in a default judgment in the claimants' favour with a maximum protective award of 90 days.
Facts
JDP Frames Limited went into administration and made 22 employees redundant on 8 April 2020. The GMB Union brought collective claims on behalf of these employees alleging that the employer failed to comply with its statutory duty to inform and consult with the union before making collective redundancies. Neither the respondent company (in administration) nor the Secretary of State appeared or responded to the claims.
Decision
The tribunal granted a declaration that the respondent had failed to comply with section 188 of TULRCA 1992 and made a protective award for the maximum period of 90 days beginning 8 April 2020. This is a two-stage process where the tribunal declares entitlement to the award but does not quantify individual amounts - claimants must now seek payment from the respondent.
Practical note
When employers fail to inform and consult on collective redundancies, tribunals will award the maximum 90-day protective award where respondents do not participate, though claimants must then separately quantify and claim individual amounts under section 192.
Legal authorities cited
Statutes
Case details
- Case number
- 2602961/2020
- Decision date
- 16 January 2024
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- union