Mr David Sturmer & Others v 1) Hurstway Construction Co Limited (in voluntary liquidation) 2) Secretary of State for Business, Innovation & Skills — 2024

This was a multiple claim by Mr David Sturmer and others against Hurstway Construction Co Ltd (in voluntary liquidation) and the Secretary of State. Each claimant pursued a protective award under sections 188-198 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with collective consultation. The tribunal noted that any other claims included in some claim forms were not pursued.

The tribunal found that 23 employees were dismissed as redundant on 9 January 2023 at the first respondent's yard at Unit 11, Hawkhurst Station Business Park, Cranbrook, Kent, which it treated as the relevant establishment. There was no recognised trade union and no election or appointment of employee representatives. The evidence accepted by the tribunal was that the announcement of redundancy and closure came as a bolt out of the blue: some claimants had received a text on 8 January 2023 asking them to attend the yard the next morning, and on 9 January 2023 they were told that there was no money left, the company was ceasing trading with immediate effect, and a liquidator would be appointed.

The first respondent's response was that employees were notified as soon as practicable after a decision to cease trading and that the company was insolvent. The tribunal did not accept that account on the balance of probabilities, found no established special-circumstances defence, and held that there had been a complete failure to consult or provide the required information. It said that the absence of warning and the limited response supported an inference that the company may deliberately not have said anything until the last moment. Applying the protective award provisions and the guidance it cited, including Susie Radin Limited v GMB, it made maximum awards of 90 days' pay for each claimant.

The awards were: Mr David Sturmer £11,262.60, Mr Christopher Bourne £8,580.60, Mr Daniel French £8,962.20, Mr Richard Longstaff £7,772.40, Miss Clare Moore £13,067.10, Mrs Lisa Hogan £7,646.40, Mr Robert Fry £10,044, Mr John Beeslee £14,976.32 and Mr Chris Brown £10,044. The tribunal also noted that the protective award period began on 9 January 2023, the date of dismissal.