Mr Darren Taylor and 144 others First v Gulliver’s Truck Hire Limited (in administration) Second respondent: Secretary of State for Business, Energy and Industrial Strategy — 2019

The tribunal found that Gulliver’s Truck Hire Limited proposed to dismiss as redundant 20 or more employees at one establishment by 27 November 2018 at the latest. It accepted that the dismissals were caused by the company’s financial position and eventual cessation of trade, so the claimants were affected employees for the purposes of the collective redundancy provisions.

On the establishment issue, the tribunal held that the relevant establishment was the business as a unit made up of the depots collectively, rather than each depot separately. It relied on the degree of central control exercised from Bristol over management, payroll, HR, IT, stock and other operational matters, and found that the local depots were not standalone units capable of functioning independently.

The tribunal found there had been no valid election of employee representatives and no meaningful consultation with appropriate representatives. The process used in December 2018 involved management-chosen individuals rather than representatives elected by affected staff, and the communications and meetings were found to address the consequences of dismissal rather than consultation about avoiding dismissals, reducing numbers, or mitigating consequences. Applying section 189(4) and the guidance in Susie Radin, the tribunal awarded a maximum 90-day protective period from 21 December 2018. Keith Miller and Zoe Croft were kept separately stayed and were to show cause why their claims should not be dismissed for not being actively pursued; the award and declaration did not apply to them.