Mr J Bradbury & others (see schedule) v P & L Joinery Sub-Contractors Limited (in creditors voluntary liquidation) and 1 other — 2021

The claimants claimed protective awards arising from alleged breach of collective consultation requirements. The first respondent, which was in creditors voluntary liquidation, did not present a response. The joint liquidators did not object to the proceedings continuing, and the second respondent entered a response. The tribunal issued judgment under Rule 21 without a hearing after considering the file and information provided by the claimants' solicitors.

The tribunal found that all claimants were employed at one establishment, that no trade union was recognised for collective bargaining, consultation or negotiation, and that approximately 35 employees were made redundant at or around the same time. The first respondent dismissed most claimants with immediate effect on 5 February 2021, with a few dismissed on 12 February 2021, and took no steps to arrange election of employee representatives or consult with any such representatives.

The tribunal held that the first respondent breached section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It made protective awards for each claimant listed in the first schedule for the maximum protected period of 90 days beginning on 5 February 2021, while noting that no financial awards were made at this stage and that individual payment disputes would require separate claims under section 192 if necessary.