Mr A Wilkins v Cosmur Construction London Limited — 2024

The claimant was employed as an Estimator and was elected as a representative for Administration, Pre-Construction and Accounts staff after the respondent warned of possible redundancies. The tribunal accepted that the respondent dismissed the claimant and about 32 others for redundancy on 31 March 2023, after limited warning and without the consultation matters set out in its own correspondence taking place.

The tribunal found that the respondent was proposing to dismiss 20 or more employees at one establishment within 90 days or less and that the claimant had standing to bring the complaint as an elected representative. It concluded that there had been virtually no compliance with the collective consultation requirements and no mitigating circumstances justifying a reduction.

The tribunal made the maximum protective award of 90 days' remuneration from 31 March 2023 for all employees working in Administration, Pre-Construction or Accounts who were dismissed for redundancy on that date. The judgment states that the Recoupment Regulations apply.