Mr P Calderbank v Goodwin’s Construction Services Group Limited (in Administration) — 2022

The claimant brought a claim for a protective award arising from the respondent's failure to comply with the collective consultation requirements. No response was presented by the respondent, and the tribunal proceeded on the basis of the unchallenged material before it under Rule 21.

The tribunal found that the respondent ceased trading after the appointment of an administrator and that all employees were dismissed by reason of redundancy on 12 November 2020. The claimant was dismissed on the same date with immediate effect, with no advance information or consultation. The tribunal also found that the respondent employed approximately 23 employees at the establishment, that there was no recognised trade union, and that no employee representatives had been elected or appointed for consultation under section 188A.

On those facts, the tribunal held that there had been no proper warning, notice, or consultation with the workforce and that the respondent was in breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It therefore made a protective award in favour of the claimant for the maximum protected period of 90 days beginning on 12 November 2020, subject to the recoupment provisions of the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996. The tribunal stated that it was making no financial award at that stage; any individual payment would be quantified and, if necessary, pursued later under section 192 of the 1992 Act.