Mr J Brown and others (see attached schedule) Mr P Walthall v Harry Fairclough Limited — 2021

The tribunal dealt with claims for a protective award brought by Mr J Brown and others against Harry Fairclough Limited (in administration). No response was presented by the respondent, and the administrators had consented to the claims proceeding. The tribunal therefore issued judgment under Rule 21 on the papers and without a hearing.

On the information before it, the tribunal found that the respondent employed over 20 employees at each site where the claimants worked and that there was no trade union recognised for collective bargaining, consultation or negotiation. It found that, at a meeting on 20 February 2020, employees were told that the respondent was closing down and that they were being made redundant with immediate effect, and that the company entered administration on that date.

The tribunal found that 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 within section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. In those circumstances, it held that the respondent was in breach of section 188.

The tribunal therefore made a protective award in favour of the claimants for the maximum protected period of 90 days commencing on 20 February 2020 under section 189(3). It also stated that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 applied to the awards and set out the respondent’s recoupment obligations.