Mr A Cavens v Nationwide Accident Repair Service Ltd (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. The tribunal found that the first respondent did not fully inform and consult with 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, as there were no relevant employee representatives. Although the administrators had sought a consent order for a 90-day award for consenting claimants, the tribunal did not make that order because some employees appeared to have worked at smaller establishments where the statutory threshold might not have been met, and because the proposed order addressed administration ranking matters outside the tribunal's remit.

The tribunal was satisfied from information provided by the claimants that Moorside Road, Swinton was an establishment at which more than 20 people were proposed to be made redundant. It therefore made a 90-day protective award in favour of Mr Cavens, beginning on 4 September 2020, with no order as to costs or fees.