Mr A Innaurato v Theobalds Park Op Co Ltd (in administration) Upon reading the claim form, and the administrators’ comments and response form, and having given the parties an opportunity to make written representations. — 2025

The tribunal held that the respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and that the claim for a protective award succeeded. The judgment records that the claimant presented the claim within the statutory time limit and that there were more than 20 employees at the establishment where he worked.

The tribunal found that there was no recognised trade union and no elected employee representatives at the establishment. It also found that 20 or more employees at the establishment were made redundant or placed at risk of redundancy on 20 November 2023, and that the claimant and other employees were dismissed without any consultation taking place.

Because there was a complete failure to comply with the statutory requirements, the tribunal made a protective award for the maximum period. The award was made in respect of employees at the respondent’s Birch, Cheshunt establishment who were dismissed as redundant on or after 20 November 2023, with the protected period beginning on 20 November 2023 and lasting 90 days. The Recoupment Regulations were stated to apply.