Claimant v TCCT Retail Ltd (in Compulsory Liquidation) and Others — 2021

The claimant, the Transport Salaried Staff Association, brought a protective award claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 alleging failures to comply with the collective consultation duty in section 188. No response had been presented by the first to fourth respondents, and the Official Receiver confirmed that those respondents would not be contesting the protective award claims. The High Court had granted permission on 4 February 2021 for the claims to proceed notwithstanding the compulsory liquidations.

On the material before it, the tribunal found that the second respondent employed more than 20 employees at Peterborough Westpoint and Manchester Cardinal House, and that the claimant was a recognised trade union at those sites for salaried staff, role levels 1-5 / grade A-D, and the listed business areas. The respondents went into compulsory liquidation on 23 September 2019, the Official Receiver was appointed at 1:47am that day, and collective redundancies were notified later the same day with immediate effect. The tribunal found there had been no proper warning, notice or consultation with the recognised trade union, and no employee representatives had been elected or appointed for consultation under section 188A.

The tribunal therefore held that the second respondent was in breach of section 188 and made a protective award under section 189 in favour of the claimant for the maximum protected period of 90 days beginning on 23 September 2019. It also noted the application of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996. The judgment states that it was not possible to issue a rule 21 judgment for the complaint relating to the retail store sites because further information was required.