Case 1801165/2025 · Employment Tribunal
Case 1801165/2025 · Employment Tribunal
Mr T Mulkeen and 2 others (1801165/2025) Mr A Simpson and 40 others (1801168/2025) First
The claimants brought claims for protective awards after being made redundant by the First Respondent. The tribunal found that all claimants were employed by the First Respondent and worked or were based at its Clay Street site, where more than twenty employees were made redundant within a ninety day period beginning on 5 December 2024.
The tribunal found there was no recognised trade union and no elected employee representatives at that establishment. The First Respondent did not invite employees to elect representatives and there was no consultation before the redundancies took effect.
The tribunal concluded that the First Respondent failed to organise the election of employee representatives and failed to consult in accordance with sections 188 and 188A of TULRCA 1992. The complaints under section 189 were well founded, and the First Respondent was ordered to pay each claimant remuneration for a protected period of 90 days beginning on 5 December 2024.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim for failure to collectively inform and consult in relation to redundancies under sections 188, 188A and 189 of TULRCA 1992. The judgment orders 90 days' remuneration but does not state a monetary amount. | Upheld | — | — |
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