Mr S Broadhurst v R L Davies & Son Ltd (in administration) — 2023

The respondent did not contest the claim. The tribunal treated the case as a claim for a protective award arising from a failure to comply with the collective consultation requirements. It found that the respondent had no recognised trade union for collective bargaining, consultation or negotiation, and that there were no elected representatives in place.

The tribunal found that the respondent had entered administration on 16 February 2023, when the first redundancies took effect. It recorded that 29 redundancies were made on that date and that the claimant was one of 9 employees made redundant later, on 15 March 2023. It found that the respondent employed over 20 employees at the establishment, that all were dismissed within a 90-day period, and that it had been proposed that they be made redundant within that period.

The tribunal found there was no proper warning or notice, no consultation with the claimant or colleagues, and no employee representatives elected or appointed for consultation under section 188A of the 1992 Act. It also found that dismissals were implemented without consultation or written information being provided in advance. In those circumstances, it held that the respondent was in breach of section 188 of the 1992 Act.

The tribunal made a protective award in favour of the claimant for the maximum protected period of 90 days commencing on 16 February 2023. It noted that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied and set out the respondent's obligations to provide information to the Secretary of State. The judgment does not state a quantified monetary amount for the award in the extracted text.