Mr F McGrath and others (see schedule) v Volta Trucks Ltd (in administration) — 2025

This Rule 22 judgment concerned employees dismissed as redundant on 18 October 2023 from the respondent's establishments at Wokingham, Nuneaton, Lighthorne and London, following the appointment of administrators. The judgment records that no fewer than 20 employees were dismissed at each establishment and that 531 employees in total were made redundant immediately on 18 October 2023. The joint administrators filed a response but did not resist the claim.

The tribunal found that there was no recognised trade union or existing body of employee representatives in respect of the redundancies. It further found that the respondent failed to arrange an election of employee representatives and therefore failed to consult with elected representatives before making the claimants redundant. On that basis, the tribunal held that there had been a complete failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

In deciding the length of the protective award, the tribunal referred to GMB v Susie Radin Limited [2004] IRLR 400 and the guidance that the purpose of a protective award is sanction rather than compensation, with the seriousness of the employer's default being the central consideration. The tribunal noted that there had been no consultation at all and that no mitigating circumstances were put forward to justify any reduction. It therefore made a protective award for the maximum period of 90 days beginning on 18 October 2023. The judgment states that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply, but it does not set out a monetary total in the extracted text.