A Finnemore, C Miles & 12 others v Whittle Interiors Ltd (in administration) and 1 other — 2023

This was a rule 21 judgment on the papers because the first respondent presented no response. The claimants brought complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 alleging failure to comply with the collective consultation requirements in section 188. The Secretary of State made written submissions but could not comment on whether there had been a failure to consult before redundancies were made. The joint administrators consented to the claims being brought.

On the material before the tribunal, the first respondent employed more than 20 employees at its Christchurch site. The claimants were not members of a recognised trade union or part of a bargaining unit, and there were no elected employee representatives. The first respondent went into administration on 17 February 2022, and on 25 February 2022 the claimants, together with some 30 others, were notified that their employment terminated with immediate effect.

The tribunal found there had been no proper warning or notice and no consultation with the recognised trade unions or with the claimants. No employee representatives had been elected or appointed for consultation under section 188A. In those circumstances, the tribunal held that the first respondent was in breach of section 188 and that the claims were well-founded.

The tribunal made a protective award in favour of the claimants for the maximum protected period of 90 days commencing on 25 February 2022. It also recorded that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 applied, and set out the employer’s obligation to provide the Secretary of State with the prescribed employee details and termination dates for recoupment purposes.