(1) Mr. J. Mant (2) Mr. J. Coppin (3) Mr. H. Badhan (4) Mr R. Powell (5) Miss. E. Stepion-Pasko (6) Mr M. Coombes v Wiley Fox Europe Limited (in liquidation) — 2018

The tribunal found that the respondent failed to comply with the statutory duty to inform and consult about redundancy. It accepted that the first four employees were dismissed on 12 January 2018 and that further dismissals followed in February 2018 when the company went into administration. The claims were presented as protective award claims arising from that failure.

On the facts found, the employer had taken no steps to begin consultation in good time. The tribunal accepted that the group legal secretary knew of financial difficulties from 2 November 2017 and that redundancies were already in contemplation by December 2017, but no consultation was started then. For the remaining staff, the tribunal found that they were reassured on 15 January 2018 that the business was continuing as normal, even though their dismissals followed shortly afterwards. Applying the statutory scheme in ss.188 to 190 TULRCA 1992 and the approach in GMB v Susie Radin Ltd, the tribunal held that there was no basis to excuse the failure.

The tribunal made a protective award for the maximum protected period of 90 days from 12 January 2018. It awarded Mant £12,362.65, Coppin £21,016.41, Badhan £9,468.77, Powell £10,978.07, Stepion-Pasko £9,741.72 and Coombes £6,287.14. In Mr Coombes's case the tribunal noted an evidential difficulty because no pay slip or schedule of loss had been produced, so it used the insolvency cap of £489 per week and left open reconsideration if pay evidence were later provided. The awards identified in the judgment total £71,091.11.