Mr A McCready v Harry Fairclough Limited — 2021

The tribunal dealt with the claim on the papers under Rule 21 because the respondent presented no response. It noted that the respondent was in administration and that the administrators had consented to the claims proceeding. On the information before the tribunal, the claim was for a protective award arising from alleged breaches of the collective consultation requirements in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

The tribunal found that the respondent employed over 20 employees at the relevant site, that there was no recognised trade union for collective bargaining, consultation or negotiation, and that the employees were told on 20 February 2020 that the company was closing and they were all being made redundant with immediate effect. It found there had been no proper warning or notice, and no consultation with the workforce. It also found that no employee representatives had been elected or appointed for consultation under section 188A.

In those circumstances, the tribunal held that the respondent was in breach of section 188 and made an award under section 189 in favour of the claimants for the maximum protected period of 90 days commencing on 20 February 2020. The judgment also stated that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 applied, and set out the respondent’s obligations to provide information to the Secretary of State for recoupment purposes.