Mr A Kirby & others (see schedule) v Vale of Mowbray Limited (in administration) — 2024

The tribunal determined the claims under Rule 21 because the respondent had not presented a response and the administrators had consented to the claims continuing. It found that, as at 28 September 2022, the respondent was proposing to dismiss as redundant 20 or more employees within 90 days or less at its Leeming Bar site, and that the claimants were affected employees who were dismissed as redundant on that date.

The tribunal found that the respondent was required to consult appropriate representatives and provide the information required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It found there was no recognised independent trade union, no existing employee representatives with authority to be consulted, no elected representatives for section 188 purposes, no invitation to elect representatives, and no individual consultation with the claimants.

The tribunal held the section 189 complaints well founded and made a protective award for each claimant. It found there had been no consultation at all and no mitigating circumstances, so the just and equitable protected period was the maximum 90 days, beginning with each claimant's own dismissal on 28 September 2022.