Mr L Jones and others (see Schedule) v Nationwide Accident Repair Services Limited (in administration) and others (see Schedule) — 2021

This was a determination on the papers, with no attendance by any party. The tribunal held that the claimants listed in the schedule were employed in the respondent's "Head Office and Support Services" function and were dismissed by reason of redundancy on 4 September 2020. It found that the respondents had not fully informed and consulted with the claimants in accordance with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.

Because there were no relevant employee representatives, the claimants had brought individual complaints under section 189 seeking protective awards. The tribunal referred to USDAW and anor v Ethel Austin Ltd and ors [2015] ICR 675 when considering the proposed consent order, and declined to accept it in full because some claimants appeared to work in smaller establishments and because the draft order also sought to address ranking in the administration, which the tribunal said was not a matter for it to determine. It was satisfied, however, that the Head Office and Support Services group formed one establishment and that more than 20 people were proposed to be made redundant within it.

The tribunal therefore made a protective award for the maximum period of 90 days beginning on 4 September 2020 in favour of the claimants in the schedule. It also included claimants who had not expressly agreed to the proposed consent order but were only pursuing protective award claims, amended respondent names where necessary, and stated that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied. It made no order for costs or fees, and noted that any other claims some claimants had brought were not affected by this judgment.