Mr D. Hodson v W.H. Marren (In administration) c/o KPMG LLP and 1 other — 2020

The claimant presented a claim on 11 September 2017 for a protective award under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal considered the case on the papers. It recorded that the claimant was one of 48 employees at one establishment of the first respondent, and that he and his colleagues were dismissed by reason of redundancy on 19 July 2017.

The tribunal found that there had been no consultation about the proposed dismissals with appropriate employee representatives, no steps to arrange an election of employee representatives, and no evidence of existing representatives with authority to receive information and consult. It also found that the first respondent had not provided any meaningful information to the claimant, and that no consultation had taken place either collectively or individually.

On the issue of special circumstances, the tribunal held that the first respondent had not shown any circumstances rendering it not reasonably practicable to comply with section 188. Applying the principles in Susie Radin v GMB and Others [2004] ICR 839 CA, it concluded that the first respondent was in very serious default, and that there were no mitigating circumstances identified in the responses to justify reducing the protected period below the maximum 90 days.

The tribunal therefore declared the section 188 complaint well founded and made a protective award for the claimant. The judgment states that the remuneration for the protected period was to run for 90 days beginning on 19 July 2019, although that date is inconsistent with the 2017 dismissal date recorded elsewhere in the judgment. It also recorded that the Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996 did not apply.