Mr. P. WARE AND 29 OTHERS (See schedule attached) v CORPORATE SOLUTIONS (LOGISTICS) LIMITED (in administration) — 2025

The tribunal heard 30 claims brought by Mr P. Ware and 29 others against Corporate Solutions (Logistics) Ltd (in administration) for failure to comply with the collective consultation duties in section 188 of TULRCA. The claims were presented in January 2023 after the respondent went into administration on 17 October 2022. No ET3 response was filed, and the administrators later conceded that the respondent dismissed 20 or more employees within a 90-day period, failed to consult or elect representatives under sections 188 and 188A, and relied on no special circumstances under section 189(6).

On the papers under Rule 22(2), the tribunal found that the claims were presented in time and that it had jurisdiction. It found that the claimants were dismissed by reason of redundancy on 17 October 2022, that more than 20 employees were employed at one establishment, that no recognised trade union existed, and that no attempt was made to elect representatives or consult before dismissal. The tribunal referred to section 189(1) and the decisions in Independent Insurance Co Limited v Aspinall and Northgate v Mercy on standing and time limits.

The tribunal held that the respondent failed to comply with sections 188 and 188A of TULRCA and that the complaints were well founded. Applying section 189(2) and (4) and the guidance in Susie Radin Limited v GMB and Others, it treated the 90-day maximum as the starting point. Because there had been no consultation, no attempt to comply with the statutory requirements, and no mitigating factors, it made protective awards for all claimants for a protected period of 90 days beginning on 17 October 2022.