Mr A Roberts v Nationwide Accident Repair Services Ltd (in administration) and 1 other — 2021

The tribunal determined the matter on the papers with no attendance by any party. The claimant had been employed at the respondent's Cheltenham establishment and was dismissed by reason of redundancy on 4 September 2020 along with others.

The tribunal found that the first respondent did not fully inform and consult employees in accordance with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The claimant brought an individual complaint under section 189 seeking a protective award, there being no relevant employee representatives.

Although the administrators had proposed a wider consent order, the tribunal declined to make it because some employees appeared to have worked at smaller establishments where the statutory threshold might not have been met, and because the proposed terms about ranking in the administration were not matters for the tribunal. The tribunal was satisfied that Cheltenham was an establishment at which 20 or more redundancies were proposed, and made a 90-day protective award for the claimant beginning on 4 September 2020.