Mr M David and others (see Appendix 1) v DRB Group Limited and 1 other — 2023

The Tribunal found that all claimants were employed by the First Respondent until January or February 2023, when they were dismissed by reason of redundancy shortly before the First Respondent entered creditors' voluntary liquidation. The First Respondent employed approximately 150 people at one location, and the dismissals took effect between 30 January 2023 and 15 February 2023.

The Tribunal was satisfied that the First Respondent proposed to dismiss 20 or more, and in fact 100 or more, employees by reason of redundancy at its only establishment, so the section 188 consultation obligation arose. No trade union was recognised, no employee representatives had been appointed or elected, and no information or consultation about the proposed redundancies was provided to representatives or employees generally.

The First Respondent did not submit a response and no special circumstances defence was advanced. The Tribunal found a complete failure to comply with section 188, declared the complaints well-founded, and ordered the First Respondent to pay remuneration for a protected period of 90 days beginning on 30 January 2023. The Employment Protection (Recoupment of Benefits) Regulations 1996 apply.