Mrs S Walters v System Group Limited (In Administration) — 2023

Mrs Walters brought a protective award claim for breach of the collective consultation requirements. No response was presented by the respondent, although the administrator consented to the claim proceeding. The tribunal therefore considered the claim on the information provided and noted that employees were dismissed by Teams call on 25 November 2022 when they were told that administrators had been appointed.

The tribunal found that the claimant was dismissed on 30 November 2022, that there was no consultation or genuine consultation, and that around 150 employees were dismissed on or around the same date. On that basis, it held that the respondent was in breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

Under section 189, the tribunal made a protective award in the claimant's favour for the maximum protected period of 90 days. The headnote states that the award began on 25 November 2022, while the reasons state that the 90-day period commenced on 30 November 2022. The judgment also recorded that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 applied, and gave the usual recoupment directions requiring the respondent to provide employee details to the Secretary of State before payment could be made.