Case 1601659/2021 · Employment Tribunal
Mr D Reed & Others (See Schedule) v WRW Construction Ltd (In administration) — 2022
- Case reference
- 1601659/2021
- Decision date
- 5 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brace Date
Parties
2 namedClaimant
Mr D Reed & Others (See Schedule)
Respondent
Key findings
Tribunal's reasoningThe claimants presented claims on 22 October 2021 seeking a protective award for breach of the collective consultation requirements. No response resisting the claims was presented by the respondent. The tribunal found that WRW Construction Ltd carried on business as a construction contractor and employed over 20 employees, including the claimants, at each of its Cardiff and Llanelli locations, and that there was no trade union recognised for collective bargaining, consultation or negotiation with the workforce.
The tribunal found that employees were notified on 7 July 2021 that the respondent was ceasing trading due to financial difficulties, and were told on 13 July 2021 that administrators had been appointed, that the respondent had entered administration on 12 July 2021, and that employment was terminated on appointment. It found there was no proper warning or notice given to, or consultation with, the workforce, and that no employee representatives had been elected or appointed for consultation within section 188A of the 1992 Act.
On those facts, the tribunal held that the respondent was in breach of its duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 before the proposed redundancy dismissals took effect at the Cardiff and Llanelli establishments. Under section 189, it made a protective award in favour of the claimants named in the schedule for the maximum protected period of 90 days beginning on 13 July 2021. The judgment also records that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to the awards.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with collective consultation obligations before proposed redundancy dismissals. The tribunal awarded the maximum protected period of 90 days beginning on 13 July 2021. The judgment does not state a monetary sum for the award in the extracted text. | Upheld | — | — |
Legal tests applied
3 references- Section 188 TULRCA 1992
- Section 189 TULRCA 1992
- Section 188A TULRCA 1992
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.