Mr T Nutter v Nationwide Accident Repair Centres (in Administration) and 1 other — 2021

The claimant was employed at the Moorside Road, Swinton establishment and was dismissed by reason of redundancy on 4 September 2020 along with others. The tribunal found that the first respondent did not fully inform and consult employees in accordance with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.

The claimant brought an individual complaint under section 189 of the Act seeking a protective award, there being no relevant employee representatives. Although the administrators had sought a consent order for wider claims, the tribunal considered that some employees may have worked at smaller establishments where the statutory threshold for collective redundancy consultation was not met, and also declined to rule on how claims would rank in the administration.

On the information provided, the tribunal was satisfied that Moorside Road, Swinton was an establishment at which more than 20 people were proposed to be made redundant. It made a protective award for Mr Nutter for a protected period of 90 days beginning on 4 September 2020, with no order as to costs or fees.