D G Gebrehawryat & others v ALLPLANTS Limited (in administration) and 1 other — 2025

The tribunal found that the claimants were employed at the same establishment at Solar House, 282 Chase Road, London N14 6NZ and were made redundant on or after 22 November 2024. It found that there was no recognised trade union or elected employee representatives at the establishment, and that 20 or more employees at that establishment were made redundant or placed at risk of redundancy on or within 90 days of 22 November 2024.

The tribunal held that the claimants were dismissed during this period without any consultation having taken place, and that the last dismissal occurred by 31 December 2024 so that the claims were presented within the time limit in section 189(5)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992. The first respondent, which was in administration, did not file a response, although its administrators consented to the protective award claim proceeding; the second respondent also did not file a response.

On remedy, the tribunal said there was no reason to depart from the principle that protective awards are punitive and should be made for the maximum period unless there are circumstances making it just not to do so. It therefore made a protective award for a protected period of 90 days beginning on 22 November 2024, and noted that the Recoupment Regulations apply.