Mr S Griffiths v Deanprint Limited (in administration) — 2024

The claimant brought a claim for a protective award arising from breach of the collective consultation requirements. The respondent entered administration on 5 May 2023. The Joint Administrators consented to the claim proceeding on 2 August 2023, and the respondent filed a response on 22 August 2023 stating that it did not contest the claim.

The Tribunal found that the claimant was dismissed with immediate effect on 24 April 2023, at the same time as the other employees of the respondent. No information was provided in advance and there was no consultation with the claimant. The respondent employed more than 20 employees at the establishment, and more than 20 were dismissed on or around the same date. The Tribunal also found there was no evidence of a recognised trade union for collective bargaining, consultation or negotiation, and no evidence that employee representatives had been elected or appointed for consultation under section 188A.

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 the claimant's favour for the maximum protected period of 90 days beginning on 24 April 2023. The Tribunal recorded that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply.

The judgment notes that a protective award is a two-stage process and that, at this stage, the Tribunal made no financial award. The claimant would need to seek payment of any individual award from the respondent and quantify it separately, with any dispute about payment falling to be dealt with under section 192 of the 1992 Act.