Mr R Hall v Sash UK Limited — 2022

The respondent did not present a response under rule 16, and the administrator later consented to the claims proceeding by email dated 9 January 2022. The Tribunal also recorded that it was satisfied, on the claimant's evidence, that it was not reasonably practicable for the claim to have been brought within three months of the last dismissal and that it was brought within a reasonable further period, so the Tribunal had jurisdiction to hear it.

The Tribunal found that Sash UK Ltd failed to comply with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. It declared the claim for a protective award well-founded and made a protective award in respect of Mr Hall, who had been employed at the respondent's premises at Ferrymoor Way, Grimethorpe, South Yorkshire and was dismissed as redundant on 12 June 2020.

The protected period was set at 90 days from 12 June 2020. The Tribunal said it was just and equitable to make the maximum award because there had been a complete failure to comply with the statutory requirements for collective consultation. The judgment also records that the recoupment provisions did not apply because the claimant did not claim any benefits during the protected period.