Claimant v Redeem UK Limited (In Administration) — 2021

The tribunal found that Redeem UK Limited, while in administration, failed to carry out any collective consultation before dismissing employees at its Macclesfield establishment. The claimants were first told there was an issue by email on 3 July 2020 and then in a conference call on 7 July 2020 when they were told the company had been placed into administration. There was no recognised trade union, no elected employee representatives, and no warning or consultation before the dismissals. The tribunal found that the first redundancy at the establishment occurred on 7 July 2020, that approximately 82 employees were dismissed on or shortly after that date, and that Mr Meakin and Mr Trueman were dismissed on 31 July 2020.

On those facts, the tribunal held that the respondent was in breach of section 188 of the TULRCA 1992 and made a protective award for each claimant for the maximum protected period of 90 days beginning on 7 July 2020. The judgment notes that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply, and that the award was made without a financial quantification at this stage because the protective award is dealt with as a two-stage process.

The tribunal also held that each claimant was entitled to three months' contractual notice and that no notice was given, so the respondent breached the contracts of employment of the claimants listed in schedule 2. After taking account of mitigation and payments made by the Secretary of State in respect of notice, damages were assessed at £3,984 for Mr T Johnson, £1,504 for Miss T Cooper, £2,813 for Mr D Trueman and £3,399 for Mr S Meakin, totalling £11,700.

Mr Wolstenholme's breach-of-contract claim was not determined because he was unable to attend and give evidence. The judgment nevertheless records that he was entitled to a protective award because the collective consultation claim could be determined on the evidence from the other claimants.