Case 2501234/2024 · Employment Tribunal
Mr M Blight v Surgo Construction Limited “In Administration” — 2025
- Case reference
- 2501234/2024
- Decision date
- 4 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Arullendran Date
Parties
2 namedClaimant
Mr M Blight
Key findings
Tribunal's reasoningMr M Blight brought a claim for a protective award after Surgo Construction Limited entered administration on 14 March 2024. The tribunal recorded that in March 2024 the respondent proposed to dismiss as redundant 20 or more employees at its Albany Court site, with the total number of proposed redundancies being in the region of 46. The first dismissal took effect on 13 March 2024.
The tribunal found that there had been no proper warning or consultation with the recognised trade union or with the claimant before 13 March 2024, and that no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act. It held that the respondent was in breach of section 188 of the 1992 Act and awarded a protective award under section 189 for the maximum protected period of 90 days beginning on 13 March 2024.
The case was determined on the papers under rule 21 because the respondent filed no response, and the administrator stated that they did not intend to admit or defend the claim and consented to protective award claims proceeding. The judgment also directed that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 applied, and explained the information the respondent had to provide to the Secretary of State for recoupment purposes.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim for breach of the collective consultation duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal made an award under section 189(3) for the maximum protected period of 90 days beginning on 13 March 2024, but the extracted text does not state the monetary value of the award. | Upheld | — | — |
Legal tests applied
6 references- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189(3) of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992
- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- Regulation 6 of the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996
- Regulation 7(2) of the 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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