Robbie Nolan v Lakemere Global Holdings Ltd t/a AGO Outsourcing (In Creditors Voluntary Liquidation) — 2020

The respondent did not return a response, so the tribunal proceeded under rule 21 on the available material. It found that Robbie Nolan was employed at the respondent’s Newcastle premises, that the establishment employed more than 20 people, and that more than 20 employees were dismissed as redundant on or about 13 September 2019. The claimant received no prior notice of the business ceasing to operate, no consultation took place about the redundancies, and there was no appropriate representative at the workplace.

On that basis, the tribunal held that there had been a wholesale failure to inform and consult about the redundancies and that it was appropriate to make a protective award for the maximum period of 90 days. The judgment records that the protected period began on 13 September 2019 and that the section 189 claim succeeded.

The tribunal also upheld the claimant’s breach of contract claim for failure to give one week’s notice. It found that, at the time of dismissal, the claimant was entitled to one week’s notice, which it valued at £300, and it ordered the respondent to pay damages in that sum.