Mr G Ward and 30 others v H.Beardsley Limited (in administration) and 1 other — 2022

The tribunal considered the claim on the papers under Rule 21 after the first respondent failed to present a response. The administrators had consented to the claim continuing despite the first respondent's administration, and the tribunal considered the second respondent's response and the claimant's email of 9 June 2022 as a schedule of loss.

The tribunal found that the claimant and 20 or more other employees worked at a single establishment at Unit 2 Common Road, Huthwaite, and were dismissed summarily on 31 January 2022 because of redundancy. It found that before dismissal the first respondent did not consult with the claimant, the other employees, any relevant trade union, or elected employee representatives in accordance with TULRCA.

Applying sections 188 and 189 of TULRCA and Susie Radin v GMB, the tribunal noted that no mitigating circumstances had been advanced for the failure to consult. It held the complaints well-founded and ordered the first respondent to pay a protective award equivalent to 90 days' remuneration from 31 January 2022 to those employees at the establishment who were dismissed that day for redundancy.