Miss J Fenwick & others (see schedule) v Vale of Mowbray Limited (in administration) — 2024

The tribunal considered complaints by Miss J Fenwick and the other named claimants under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The respondent, Vale of Mowbray Limited (in administration), did not present a response, and the tribunal proceeded on the available material. It found that as at 28 September 2022 the respondent was proposing to dismiss 20 or more employees within a period of 90 days or less at Mowbray House, Leeming Bar, and that the claimants were employees affected by those proposed dismissals and were dismissed as redundant on that date.

The tribunal found that the respondent was required to consult appropriate representatives under section 188, but there were no recognised union representatives for the affected employees, no employee representatives appointed or elected for section 188 purposes, no invitation to elect such representatives, and no individual consultation with the claimants. It further found that the respondent had not shown special circumstances making it not reasonably practicable to comply with section 188, and that each complaint had been presented within the statutory time limit.

The tribunal held that the complaints were well founded and made a protective award under section 189(3). In fixing the protected period, it had regard to the seriousness of the default, noted that there had been no consultation at all and no mitigating circumstances, and applied the guidance in GMB v Susie Radin Ltd. It set the protected period at the maximum of 90 days for each claimant, beginning on 28 September 2022. It also referred to E Green & Son (Castings) Ltd v Association of Scientific, Technical & Managerial Staffs, TGWU v Ledbury Preserves, and Independent Insurance Company Ltd v Aspinall in explaining the operation of section 189(4).