In person For the v Bathstore.com Ltd/Bathstore Ltd (In Administration) — 2019

The claimant, Mr A Green, was dismissed by reason of redundancy on 27 June 2019. The respondent was in administration and did not attend the hearing; the joint administrators said they were content for the proceedings to go ahead but would not defend them. The tribunal proceeded on the papers and oral evidence before Employment Judge Alliott at Watford by telephone on 20 March 2020.

The tribunal found that there was no recognised trade union and no elected employee representatives, and that more than 20 employees were dismissed as redundant from the respondent's establishment at Home House, 3 Albany Place, Hyde Way, Welwyn Garden City. It held that there had been a complete failure to comply with the section 188 TULR(C)A 1992 duty to consult representatives, and that the claimant had standing to bring the claim.

The claim was therefore well founded. The tribunal held that the employer's default was very serious and that it was just and equitable to fix the protective period at 90 days. Using the claimant's annual salary of £50,000, the tribunal calculated the protective award at £12,329.10 (£50,000 divided by 365 multiplied by 90).