Claimant v Redhall Group plc and Grant Thornton UK LLP — 2020

The Tribunal heard from the Claimant, Mr G Schofield, in person and there was no attendance or representation from either Respondent. It preferred the Claimant's evidence and found that he had been told on 10 June 2019 that the First Respondent was going into administration, that the Second Respondent then maintained his employment as agent for the First Respondent, and that he was later dismissed by letter dated 12 July 2019 without prior warning or consultation.

On the collective consultation complaint, the Tribunal held that the First Respondent had failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It therefore found the section 189 complaint well-founded and ordered a protective award under section 189(3) for all salaried employees at the Calder Close, Wakefield site who were dismissed for redundancy between 12 July 2019 and 26 July 2019. The award covered remuneration for the period of 90 days beginning on 12 July 2019, and the Recoupment Regulations were said to apply.

On the contract claim, the Tribunal found that the Claimant had nine complete years' service and was entitled to a minimum of nine weeks' notice. It found that he received neither notice nor payment in lieu, so the dismissal was in breach of contract. However, because he was able to start new employment immediately on receipt of the termination letter and began that employment on 15 July 2019, the Tribunal held that he had mitigated his loss and suffered no recoverable damage. No damages were therefore awarded on the breach of contract claim.