Ms S Adie v STA Travel Limited (in liquidation) — 2022

The Tribunal found that the respondent failed to comply with the collective consultation requirements in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. No ET3 had been presented and there was no appearance or representation for the respondent, so the claimant's evidence was not challenged. The Tribunal accepted the claimant's evidence as credible and reliable.

The Tribunal found that the respondent's stores were not separate establishments for the purposes of the 1992 Act, and that more than 20 employees, and in fact more than 100 employees, were made redundant on 2 September 2020. There was no recognised trade union, no employee representatives were elected, and there had been no prior discussion or individual consultation with the claimant before she was told she was redundant.

The Tribunal held that the obligation to consult at least 90 days before the first dismissal had not been met. It found no special circumstances justifying a departure from the statutory consultation obligation, and made a protective award for the claimant for the 90-day protected period from 2 September 2020 to 1 December 2020.