Mr A Burrows v Monks and crane in administration — 2024

Mr A Burrows was employed by Monks and Crane from 23 September 2013 to 28 February 2023, when he was dismissed by reason of redundancy. The respondent, through its administrators, did not defend the claim. On the papers under Rule 21, the Employment Judge found that the respondent had failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in relation to collective consultation about the proposed redundancies, and held that the claimant's protective-award claim was well founded.

The tribunal rejected the administrators' argument that there were special circumstances within section 188(7). It held that insolvency or administration was not of itself a special circumstance, that no material had been provided showing something exceptional or out of the ordinary, and that the attempt to sell the business as a going concern did not excuse compliance. Applying the approach in Susie Radin Ltd v GMB, the tribunal started from the maximum protected period and declined to reduce it because the respondent had not shown that some form of consultation could not have been carried out before the dismissals.

The tribunal also held that the claim could proceed as an individual claim because there was no established recognised trade union or other elected representative structure shown to satisfy section 188A. It found that the claim was presented in time. A protective award was made for a protected period of 90 days beginning on 28 February 2023, and the Recoupment Regulations applied. The judgment does not quantify the amount of remuneration in pounds.