Mrs J Robson and others as named on the attached schedule v Tolent Construction Limited “In Administration” — 2024

The claimants brought claims for a protective award after 13 February 2023. The respondent entered administration on 13 February 2023, and the administrator filed responses stating that the claims would not be defended and agreeing to the lifting of the moratorium so that the protective award claims only could proceed. The Secretary of State for Business and Trade was joined as an interested party under Rule 96.

The Tribunal found that in February 2023 the respondent proposed to dismiss as redundant 20 or more employees at Derwent House, Lakeside Court, 5th Avenue Business Park, Team Valley, Gateshead, with the first dismissal taking effect on 13 February 2023. It found that there was no proper warning or consultation with a recognised trade union or the claimants, no consultation with the claimants, and no elected or appointed employee representatives for consultation within section 188A of the 1992 Act.

The Tribunal held that the respondent was in breach of the duty under section 188 of the 1992 Act and that the claimants' claims under section 189 were well-founded. It made a protective award for the maximum protected period of 90 days commencing on 13 February 2023, equivalent to remuneration for that period for the claimants named in the schedule. No specific monetary total was recorded.

The judgment was entered without a hearing under Rule 21 because the respondent had indicated that it did not wish to defend the claims. The Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996 apply, and the respondent is not required to make payment until it receives a recoupment notice or notification that none will be served.