Claimant v Debenhamd Retail Ltd (In Administration) — 2023

The claimants were employed by Debenhams Retail Limited at its Trafford Centre, Manchester store. The respondent entered administration on 9 April 2020 and joint administrators were appointed. The claimants were dismissed by reason of redundancy on 14 August 2020. They brought a complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 seeking a protective award for failure to consult.

The tribunal found that the claimants were assigned to an establishment where 20 or more redundancies were proposed within a period of 90 days. It held that the respondent did not fully inform and consult with the claimants in accordance with sections 188 and 188A of the 1992 Act. The protected period was set at 90 days from the date of the first dismissal, 14 August 2020.

The judgment records that the protective award payments will rank as unsecured claims in the respondent's insolvency, although some may be wholly recoverable from the Redundancy Payments Service. It also states that there is no order for costs or fees, and that the judgment applies only to the listed claimants. Any other claims intimated in the claim forms were to stand dismissed automatically after 14 days unless the claimant specified an outstanding claim and provided administrator consent within that time.