Brian Morgan v High-Tech Windows Limited and 1 other — 2023

The claimant, Brian Morgan, had been employed by High-Tech Windows Ltd from 16 July 1990 until he was summarily dismissed on 24 October 2022 by reason of redundancy. The Secretary of State accepted that the dismissal was for redundancy and that statutory redundancy pay, notice pay and holiday pay had already been paid. The claimant sought a protective award on the basis that there had been no consultation and that more than 20 employees were involved.

The tribunal accepted the claimant's evidence that 21 employees were affected, that they were all employed at one place, that they were told they were to be dismissed by reason of redundancy, that there was no consultation with him, that there was no employee representative or recognised trade union, and that there were no special circumstances. On that basis it held that he was entitled to a protective award and fixed the protected period as commencing on 24 October 2022.

The tribunal awarded 90 days' pay and recorded that the claimant's weekly pay had been agreed at £505. The separate claims against Britannia Windows UK Ltd were settled during the hearing and were to be dismissed 21 days later if the settlement terms were implemented.