Mr D Clough & Others (see attached schedule) v Wooldridge Contractors Limited (In Administration) and 1 other — 2025

The Tribunal found that the claimants were employed at the respondent's establishment at 17 Hall Grove Farm, Bagshot, Surrey, and were made redundant on 7 February 2024. There was no recognised trade union or elected employee representatives at the establishment, and 20 or more employees were made redundant or placed at risk of redundancy on or within 90 days of that date.

The claimants were dismissed during that period without any consultation having taken place. The Tribunal found the claims were presented within the time limit in section 189(5)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992. The respondent, in administration, had not filed a response, but its administrators consented to the protective award claim proceeding; the Secretary of State responded only to assist the Tribunal.

The Tribunal held that the respondent failed to comply with section 188 of the 1992 Act and that the protective award claim succeeded. It made a protective award for claimants who worked at the Bagshot establishment and were dismissed as redundant on or after 7 February 2024, requiring the employer to pay remuneration for a protected period of 90 days beginning on 7 February 2024, with the Recoupment Regulations applying.