Mr D Hartley v James Killelea and Company Limited (in Administration) — 2024

This was a reconsideration judgment of an earlier rule 21 decision. The tribunal corrected an error in the original judgment, which had referred to 15 March 2024 as the relevant date for the protected period. On reconsideration, the tribunal held that the claimant was entitled to a protective award because the respondent had failed to consult collectively as required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

The tribunal found that the respondent employed over 20 employees at its premises in Crawshawbooth and that, on Friday 13 October 2023, over 20 employees were told by Robert Killelea and/or the administrators and/or their line manager that they were being made redundant with immediate effect. The company entered formal administration on 18 October 2023. The claimant was at risk of redundancy during the protected period beginning on 13 October 2023 and, as required by the administrators, continued to work in his IT role during that period.

The tribunal held that the claimant was an employee in respect of whose proposed dismissal the respondent had failed to consult, so section 189(3) applied. It therefore ordered a protective award equivalent to remuneration for 90 days beginning on 13 October 2023. The judgment also states that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to the award.