Case 2200072/2022 · Employment Tribunal
A Lewis (solicitor) v The Collective (Living) Limited (In administration) — 2022
- Case reference
- 2200072/2022
- Decision date
- 12 April 2022
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
A Lewis (solicitor)
Key findings
Tribunal's reasoningThe claimants brought complaints for protective awards under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 arising from the respondent's failure to comply with the consultation requirements in section 188. The respondent did not lodge a notice of appearance and did not attend the hearing. By email on 2 March 2022, the joint administrators confirmed they had no objection to a limited lift of the stay for the purposes of continuing the action.
The tribunal found that the claimants were employed at the respondent's Bedford Square premises and that the respondent employed around 62 staff there. Those who attended work on 15 September 2021 were told the respondent was entering insolvent administration and would be dismissed by reason of redundancy with effect from 17 September 2021. The remaining claimants received letters dated 17 September 2021 confirming redundancy with effect from that date. The tribunal found there had been no prior warning of redundancies before 15 or 17 September 2021, and no recognised trade union or employee representatives were in place.
Applying section 189 of the 1992 Act, the tribunal held that the complaints were well founded and made a protective award. It referred to Suzie Radin v GMB 2004 ICR 893 and, noting there had been no consultation with employees before the redundancies, fixed the protected period at the maximum of 90 days. The protective period was ordered to run from 17 September 2021.
The judgment also notes that a protective award is a two-stage process and that no financial awards were made at this stage. The claimants must seek payment of their individual awards separately, and any failure to pay or dispute about amount would be determined in a further claim under section 192 of the 1992 Act.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Complaint under sections 188 and 189 TULRCA 1992 for failure to consult before redundancies; the tribunal made a protective award. | Upheld | — | — |
Legal tests applied
3 references- s.188 TULRCA 1992
- s.189 TULRCA 1992
- Suzie Radin v GMB 2004 ICR 893
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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