Case 2500844/2024 · Employment Tribunal
Ms B Adams Mrs CL Pitt v Surgo Construction Limited “In Administration” — 2025
- Case reference
- 2500844/2024
- Decision date
- 4 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Arullendran Date
Parties
2 namedClaimant
Ms B Adams Mrs CL Pitt
Key findings
Tribunal's reasoningThe Tribunal found that the respondent had failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in relation to proposed redundancies. The respondent was said to have employed about 46 employees and, in March 2024, to have proposed dismissing 20 or more employees as redundant at Albany Court, with the total number of proposed redundancies being in the region of 46. The first dismissal took effect on 13 March 2024.
The Tribunal accepted that there had been no proper warning or consultation with the recognised trade union or the claimants before 13 March 2024, and that no employee representatives had been elected or appointed for consultation under section 188A. It therefore held that the respondent was in breach of its collective consultation duty and made an award under section 189 in favour of the claimants for the maximum protected period of 90 days beginning on 13 March 2024.
The judgment was entered without a hearing because no response was filed by the respondent. The Secretary of State for Business and Trade participated as a rule 96 interested party and the Tribunal noted that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 applied to the award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claim for a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 based on failure to comply with section 188 collective consultation requirements. | Upheld | — | — |
Legal tests applied
4 references- s.188 TULRCA 1992
- s.189(3) TULRCA 1992
- s.188A TULRCA 1992
- Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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