Mrs A Scott v Inland Limited (in administration) — 2025

Mrs A Scott was employed at Burnham Yard, London End, Beaconsfield, Buckinghamshire HP9 2JH and was made redundant on 19 January 2024. The dismissal formed part of a larger redundancy exercise that began on 31 October 2023, and the Tribunal found that 96 employees at the establishment were made redundant or placed at risk of redundancy on or within 90 days of that date.

The Tribunal found that there was no recognised trade union or elected employee representatives at the establishment, and that the claimant was dismissed during the redundancy period without any consultation taking place. On that basis, the respondent had failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, so the claim for a protective award succeeded.

The Tribunal also found that the claim had been presented in time under section 189(5)(b) because the last dismissals occurred on or around 19 January 2024. Although the respondent was in administration and had not filed a response, the administrators had consented to the claim proceeding.

In remedy, the Tribunal made a protective award in respect of the claimant and others at the establishment who were dismissed as redundant on or after 31 October 2023. The protected period was fixed at 90 days, beginning on 31 October 2023, and the Tribunal noted that the Recoupment Regulations apply. It stated that protective awards are punitive and should be for the maximum period unless there are circumstances making it just not to do so.