Ms L Agboola & Others v Axiom Group Limited (in Creditors Voluntary Liquidation) and 1 other — 2024

The Tribunal found that the claimants were employed at the same establishment at Axiom House, Ampthill, and were made redundant on 13 February 2024. It 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 on or within 90 days of that date.

The Tribunal found that the claimants were dismissed during that period without any consultation having taken place, and that the claims were presented within the time limit in section 189(5)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992. The first respondent had not filed a response, but its administrators consented to the protective award claim proceeding; the second respondent responded only to assist the Tribunal and had no direct knowledge of events.

The Tribunal held that the respondent failed to comply with section 188 of the 1992 Act and that the claim for a protective award succeeded. It made a protective award for the claimants dismissed as redundant on or after 13 February 2024, requiring payment of remuneration for a protected period of 90 days beginning on 13 February 2024, with the Recoupment Regulations applying.