in person For the v None — 2023

Mr Hunt was employed by the respondent from 8 October 2012 until 20 May 2021, when he was made redundant. The tribunal heard evidence from Mr Hunt in the absence of any response or attendance from the respondent, found him credible, and accepted his evidence that 20 people were made redundant, the respondent had closed down, and no consultation took place before the redundancies. Mr Hunt was not told that receivers had been appointed, and no explanation was provided by the respondent for the lack of consultation.

The tribunal held that the respondent failed to consult with Mr Hunt or any other employees about the proposed redundancies, contrary to section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It made a declaration under section 189 that the complaint was well founded. Applying the approach in Susie Radin Ltd v GMB and others, it found there was a complete failure to provide information and consult, with no mitigating circumstances justifying any reduction from the maximum protected period.

The protected period was fixed at 90 days, starting on 20 May 2021, being the date of the first dismissal to which the complaint related. The judgment records that remuneration for the protected period is payable under section 190 of the 1992 Act at a week's pay for each week of the protected period, but it does not state a weekly pay figure or a monetary total.