Case 1800668/2024 · Employment Tribunal
(1) Ms L Dale (2) Mrs S Brownhill (3) Ms M Mittal (4) Ms P Parahar (5) Mr T Petchey (6) to (82) Ms A Alhambres and 76 others (see schedule)
At the preliminary hearing on 17 June 2024 in Leeds, Employment Judge Lancaster accepted evidence from Mr Haigh and the attending claimants that the relevant employees were employed at a single establishment, Navigation House, 1 South Quay Drive, Sheffield, or the immediately adjacent building, and that they were made redundant within a 90-day period after the first redundancy on 29 November 2023. The tribunal found there had been no consultation before dismissing the affected employees as redundant and that there was no recognised trade union or other representative body because employee representatives had not been elected.
On that basis, the First Respondent was found to have failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal concluded that each of the named claimants was entitled to present a claim for a protective award, and it made a judgment under rule 21 of the Employment Tribunal Rules 2013 because no Response had been submitted on behalf of the First Respondent. The judgment recorded that the business had been in financial difficulties from about September 2023, but no explanation for the failure to consult was offered.
The tribunal awarded each claimant a protective award for the maximum period of 90 days beginning on 29 November 2023. It also recorded that the First Respondent was under a duty to provide the required information to the Secretary of State under regulation 5(2) and (6) of the Employment Protection (Recoupment of Benefits) Regulations 1996, and that payment in respect of the award was stayed under regulations 7 and 8. Any other complaints in the claim forms were stayed for three months pending consent from the administrators or formal withdrawal.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award following a collective redundancy consultation failure under section 188 TULRCA 1992. The tribunal found the First Respondent had not elected or consulted with appropriate employee representatives. No monetary sum was set out in the judgment; the award was for a 90-day period beginning 29 November 2023. | Upheld | — | — |
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