Gary Swan 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 of the Employment Tribunals Rules of Procedure on the material available. The claimant, Gary Swan, had been employed at the respondent’s Newcastle premises, where more than 20 employees were employed and more than 20 employees were dismissed as redundant on or about 13 September 2019.

The tribunal found that the claimant received no prior notice of the business ceasing to operate and that no consultation took place about the redundancies. It also found that there was no appropriate representative at the workplace. On that basis, it held that there had been a wholesale failure to inform and consult on the redundancies, and that the section 189 TULR(C)A 1992 claim was well founded. The tribunal made a protective award, fixed the protected period at 90 days from 13 September 2019, and ordered the respondent to pay remuneration for that period, but the extracted judgment text does not give a total figure for that award.

The tribunal also upheld the 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, equating to £493, and ordered the respondent to pay damages in that sum.