Case 2501753/2023 · Employment Tribunal
Claimant v Howard Russell Construction Ltd — 2023
- Case reference
- 2501753/2023
- Decision date
- 27 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Arullendran Date
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe claimants named on the schedule, including Mr Christopher Gallagher, brought a protective award claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that Howard Russell Construction Ltd, then in administration, proposed to make 20 or more employees redundant within 30 days without proper consultation. The first dismissal took place on 2 May 2023, and the respondent did not file a response. The administrator wrote to the Tribunal on 25 August 2023 consenting to the proceedings continuing.
The Tribunal found that there was no proper warning or consultation with a recognised trade union or the claimants, 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 duty under section 188 of the 1992 Act.
The claim succeeded and the Tribunal made a protective award in favour of the claimants for the maximum protected period of 90 days commencing on 2 May 2023. The judgment also records that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply, and directs the respondent to supply the Secretary of State with the information required by regulation 6. The judgment was entered on the basis of the information provided by the claimants on the ET1 forms.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Collective consultation protective award claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The Tribunal awarded each claimant a payment equivalent to remuneration for the maximum protected period of 90 days beginning on 2 May 2023, but the judgment does not state a single quantified monetary sum. | Upheld | — | — |
Legal tests applied
4 references- section 188 TULRCA 1992
- section 189 TULRCA 1992
- section 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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