Mr R Vallis & 14 others (see attached schedule) v Brierstone Limited (in administration) and 1 other — 2024

The tribunal found that all of the claimants were employed by Brierstone Limited and that, on or around 19 January 2023, the company went into administration. Each claimant worked at the Elland site, where at least 25 employees were employed and all were made redundant in January 2023. There were no recognised trade unions at the site and no elected employee representatives.

The tribunal found that no attempts were made to invite the employees at Elland to elect representatives for consultation about redundancies and that no consultation took place. It held that each claimant worked at a single establishment, that more than 20 employees were made redundant at that establishment within a 90-day period, and that the First Respondent failed to organise the election of employee representatives and to consult them in accordance with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.

The claimants' complaints under section 189 TULRCA were therefore well founded and succeeded. The tribunal ordered the First Respondent to pay remuneration to each claimant in the attached schedule for a protected period of 90 days beginning on 19 January 2023. It also recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 apply to the awards. The reasons note that Mr Vallis had issued two sets of proceedings and that only claim 1801247/2023 succeeded and was covered by the award.