Mrs J Jordan & Others (as per schedule of claimants) v Shaylor Management Services (In Voluntary Liquidation) and 1 other — 2020

The tribunal found that the claimants were employed by the First Respondent and were permanently assigned to a centralised organisation based at the Aldridge office. Temporary assignments to project sites did not alter that conclusion because staff remained within the same organisational structure, with no site-specific line management or managerial autonomy. The tribunal found that all 193 employees were at one establishment and were made redundant on 17 June 2019.

There was no recognised trade union and no existing body of employee representatives with authority to receive information and be consulted. The tribunal found that the First Respondent took no steps to arrange elections of employee representatives, provide information, or consult collectively or individually before the redundancies.

The tribunal held that the First Respondent's duties under section 188 TULRCA were engaged and that it had failed to comply with sections 188 and 188A. Because the First Respondent did not participate and showed no mitigating circumstances, the tribunal made a protective award for each claimant made redundant, with a protected period of 90 days from 17 June 2019. If the First Respondent is insolvent, the Second Respondent must meet the liability subject to the statutory limits in Part XII of the Employment Rights Act 1996.