Ms Bristow, Ms Chapman, Ms Doll and Mrs Stratford, all in person For the v JE Beale plc - In Administration — 2021

The claimants brought claims for a protective award under s.189 of the Trade Union and Labour Relations (Consolidation) Act 1992, alleging failure to comply with s.188 collective consultation requirements. The respondent was in administration and did not attend. The administrators had consented to the proceedings continuing only in respect of the protective award claim.

The tribunal found that employee representatives had been appointed after the administrators were appointed, and that at Head Office only one volunteer, Ms Herbert, came forward. No election was required because the number of candidates matched the available representative places. A consultation meeting took place on 28 January 2020, and the claimants were told of their immediate redundancy on 30 January, with dismissal taking effect on 31 January.

The tribunal considered that there may have been a claim in relation to the consultation process, including the absence of evidence that written information required by s.188(4) had been provided to representatives. However, because the employees were represented, the claim should have been brought by the employee representative under s.189(1)(b), not by the claimants themselves. The tribunal therefore dismissed the protective award complaints. It also dismissed Ms Doll's application to join Aviva Insurance Limited, identifying uncertainties about the insured party and policy coverage, a limitation issue, and the fact that Aviva had not been notified of the application.