Claimant v Styles & Wood Ltd (In Administration) — 2021

The claimants sought protective awards for breach of the collective consultation requirements. The respondent stated that the claims were not contested, and Employment Judge Phil Allen, sitting alone, determined the matter under Rule 21. The judgment applies to the protective award claims only; any other claims brought by any claimant remained stayed and were not determined.

The tribunal found that the respondent had no recognised trade union for collective bargaining, consultation or negotiation and no elected representatives. The claimants were told that the respondent was to be, or had been, placed into administration on 26, 27 or 28 February 2020, and the first redundancies took effect on 28 February 2020. There was no consultation with the claimants, no proper warning or notice, and no written information was provided in advance. The respondent employed over 200 employees at the establishment, all of whom were dismissed on or around the same date.

On those facts the tribunal found a breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award under section 189 in favour of each claimant for the maximum protected period of 90 days beginning on 28 February 2020. The reasons note that a protective award is a two-stage process and that no financial award is made at this stage; individual payment or quantification would arise separately if needed. The tribunal also recorded that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 applied and required the respondent to supply prescribed information to the Secretary of State.