UNITE The Union v Tolent Construction Limited “In Administration” — 2023

UNITE The Union brought claims for a protective award on behalf of unskilled, skilled and craft employees for whom it was recognised for collective bargaining. The respondent provided construction and facilities management services at Team Valley, Gateshead, Wilton International, and Colton in Leeds, and entered voluntary liquidation on 13 February 2023.

The Tribunal found that in February 2023 the respondent proposed to dismiss as redundant 20 or more employees at each of those sites, with total proposed redundancies in the region of 356, and that the first dismissal took effect on 13 February 2023. It found that there was no proper warning or consultation with the recognised trade union between 9 February 2023 and 13 February 2023, and that no employee representatives had been elected or appointed for consultation within section 188A of the 1992 Act.

The respondent did not file a response, and the liquidator stated that he did not intend to admit or defend any claim. The Tribunal entered judgment without a hearing under Rule 21, finding the section 188 claim well founded and making a protective award under section 189 for the maximum protected period of 90 days starting on 13 February 2023. The award applied to eligible unskilled, skilled and craft employees employed at Wilton International, Colton Leeds and Team Valley, Gateshead who were dismissed as redundant on or after that date. The judgment did not state a fixed monetary sum, and recorded that the recoupment regulations applied.