Mr R Sturman v v IWL Realisations 2023 Ltd (in administration) and 1 other — 2025

The claimant presented the claim on 26 September 2023 after early conciliation and within time. He worked at Ideal Home House, Newark Road, Peterborough and was made redundant on 6 July 2023. The tribunal found that 20 or more employees at that establishment were made redundant or placed at risk of redundancy on or within 90 days of that date, and that there was no recognised trade union or elected employee representative in place. On that basis, the claimant had standing to bring a protective award claim.

The tribunal found that the claimant was dismissed without any consultation taking place, which was a breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The first respondent, which was in administration, did not present a response, although its administrators consented to the claim proceeding. The Secretary of State was notified under rule 95 and filed a response to assist the tribunal, but had no direct knowledge of events. The tribunal considered it disproportionate to convene a hearing and determined the claim on the papers.

The tribunal held that there was no reason to depart from the principle that protective awards are punitive and should be for the maximum period unless there are circumstances making that unjust. It therefore made a protective award under section 189(3) requiring payment to the claimant of an amount equivalent to remuneration for 90 days beginning on 6 July 2023. The judgment states that the award applies to the claimant only and that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply.