Ms Emma Shaw and Others v Armstrong Teasdale Limited (In Administration) and 1 other — 2025

The Tribunal found that the complaints brought under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 were well-founded. The Respondents had not presented a response, and the administrators confirmed that the claims were not being contested. The Tribunal therefore made a protective award in favour of the Claimants.

The Tribunal found a complete failure to comply with section 188 of TULRCA. The Respondents employed about 57 people at a single establishment in Lincoln's Inn Fields, London, there was no recognised trade union or elected representatives, and the Claimants were not consulted about the proposed redundancies. The Tribunal found there was no consultation, no attempt to elect appropriate representatives, and no written disclosure of the information required by section 188(4).

The Tribunal recorded that the London office had been reported as closing on 5 July 2024, and that on 12 September 2024 the employees were told they would be dismissed by reason of redundancy the next day, save for a few minor exceptions including Molly Ahmed. It found that no special circumstances were established, noting that the poor financial position was known in advance and that there had been an opportunity for consultation but none occurred.

The protective award was made for the maximum period of 90 days, beginning on 13 September 2024 for the Claimants other than Molly Ahmed and on 26 September 2024 for Molly Ahmed. The Tribunal also stated that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply to the award.