Mr I Samoila v Burgess Marine Limited (In Administration) and 1 other — 2019

The claimant brought a claim for a protective award under sections 188/189 of the Trade Union and Labour Relations (Consolidation) Act 1992. He said he worked for the first respondent as a Welder Fabricator from 14 December 2015 until his dismissal for redundancy on 13 December 2017, and that more than 20 employees were dismissed for redundancy at the Portsmouth and Porchester sites without information and consultation under section 188.

The first respondent initially defended the claim, stating that only 18 employees were at the Porchester site, but later informed the tribunal that neither the company nor the joint administrators objected to the claimant proceeding and that the matter would not be contested. The tribunal accepted the claimant's uncontested evidence and found that the first respondent was under a duty to comply with section 188 and had failed to do so.

The tribunal concluded that it was just and equitable to make a protective award for a protected period of 90 days. Using the weekly pay figure of £944.95, the tribunal awarded £12,152.06.