Claimant v Redeem UK Ltd (In Administration) C/o KPMG LLP (UK) — 2021

Mr M Rashid worked for Redeem UK Limited from 14 June 2012 until 7 July 2020 as Group Finance Business Partner on a gross annual salary of 41,500 and a weekly gross pay figure used in the judgment of 798. On 3 July 2020 the respondent told him and the workforce that it had gone into administration and that the majority, if not all, employees were being made redundant. The tribunal accepted the claimant's evidence, found there was no recognised union, no elected employee representatives, and no individual consultation, and held that section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 had not been complied with.

Applying the 90-day starting point in Susie Radin and Newage Transmission, and finding no special circumstances, the tribunal made a protective award for the protected period from 7 July 2020 to 5 October 2020. It found the dismissal was for redundancy and that, in the circumstances of the administration, the dismissal was fair under section 98(4) of the Employment Rights Act 1996. The claimant's argument that the redundancy was not genuine because another company had bought parts of the business and recruited former colleagues was rejected.

The redundancy pay claim failed because the claimant had already received a statutory redundancy payment of 4,304 and there was no evidence of any enhanced or contractual redundancy scheme. The notice pay claim succeeded: the tribunal accepted that the claimant was entitled to the balance of contractual notice pay and awarded 3,666.30 gross after crediting the sums already paid and amounts already deducted for post-termination earnings and Jobseeker's Allowance. No compensatory award was made on the unfair dismissal claim, which was dismissed.