Mr G Stewart and others v Coilcolor Limited (in Administration) and 1 other — 2018

The Tribunal found that Coilcolor Limited, then in administration, failed to comply with its duty under s.189(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to consult the named claimants about proposed dismissals by reason of redundancy. It declared the complaints well-founded and made protective awards for each claimant.

The Tribunal recorded that there had been no recognised trade union and no election of employee representatives. It found that employees were informed about potential redundancies in a piecemeal way at the last moment, despite the employer having spoken publicly about possible job losses before speaking directly to employees.

Applying the approach in Suzie Radden v GMB, the Tribunal treated 90 days as the starting point where there had been no consultation at all. It found there was no consultation and no evidence from the employer to justify reducing the award, so each named claimant was awarded 90 days' gross pay, with the protected period running from 18 July 2017 to 16 October 2017.