Mr A Maclennan & Others (see attached schedule) v Everest 2020 Limited (in administration) and 1 other — 2025

The Tribunal found that the claimants were employed at the same establishment at Building 1, Albany Place, Welwyn Garden City, and were made redundant on 29 April 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 Tribunal found that the claimants were dismissed during that period without any consultation having taken place. It also noted that the last dismissal occurred on 7 June 2024, so all claims were likely to have been 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, and the second respondent had not filed a response. The Tribunal held there was no reason to depart from the principle that protective awards are punitive and should be for the maximum period unless circumstances make it just not to do so, and made a 90-day protective award beginning on 29 April 2024. The Recoupment Regulations apply.