Claimant v Wellington Construction Ltd (in creditors voluntary liquidation) and Secretary of State for Business, Energy and Industrial Strategy — 2024

The tribunal dealt with a multiple schedule of 25 claims, including 3301221/2024, arising from redundancies at Wellington Construction Limited's establishment at Wolseley House, 1 Quay View Business Park, Barnards Way, Suffolk NR32 2HD. It found that the claimants were employed at the same establishment and were dismissed as redundant on or after 27 October 2023. It also found that there was no recognised trade union or elected employee representatives at the establishment, and that 20 or more employees were made redundant or placed at risk of redundancy within a 90-day period.

The tribunal held that the dismissals took place without any consultation. It therefore found that the respondent had failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, and that the claims were presented in time under section 189(5)(b) because the last dismissal occurred on 27 October 2023. The first respondent was in creditors' voluntary liquidation and filed no response, while the second respondent filed a response only to assist the tribunal and had no direct knowledge of events, so the matter was decided without a hearing.

Applying the principle that protective awards are punitive and should normally be made for the maximum period unless there are circumstances making it just not to do so, the tribunal made a protective award for the claimants who worked at the respondent's establishment and were dismissed as redundant on or after 27 October 2023. The protected period was stated to begin on 27 October 2023 and to last for 90 days. The Recoupment Regulations were said to apply.