Mr M J Stevens & Others (per schedule) v Elements Europe Limited (in Administration) and 1 other — 2026

The tribunal found that, at the beginning of June 2025, Elements Europe Limited proposed to dismiss as redundant 20 or more employees at one establishment within 90 days or less. On 4 June 2025, 141 employees from across the business were dismissed for redundancy with immediate effect; 76 employees were retained to assist the administrators, most of whom were subsequently dismissed by the end of July 2025.

Although arrangements had been made in March 2025 to elect employee representatives, those arrangements concerned production employees and an earlier, more limited redundancy exercise that did not proceed. No representatives were elected for the redundancies proposed in June 2025 or thereafter, and the company did not attempt to consult the representatives previously elected. There was no direct consultation with the employees due to be dismissed, none of the written information required by section 188 was provided, and no special circumstances were advanced by the First Respondent.

The tribunal held that the claimants had standing under section 189(1)(a) TULRCA 1992 and upheld their complaints that the First Respondent had failed to comply with section 188. Applying the approach in Susie Radin Ltd v GMB, the tribunal treated the absence of consultation as a complete failure and made the maximum protective award of 90 days, beginning on 4 June 2025, for claimants employed at the Hadley Castle Works premises who were dismissed as redundant on or after that date. No monetary total was specified.