Mr Styvie Mpemba v Hinton Skips UK Limited (In Creditors Voluntary Administration) — 2025

Mr Styvie Mpemba brought only a protective award claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The Tribunal recorded that he was summarily dismissed on grounds of redundancy on 29 June 2024, that he had less than two years' service, and that no unfair dismissal claim had in fact been brought. No response was entered, and the liquidators later confirmed that they could not file a response but consented to the claim proceeding.

On the material subsequently provided, the Tribunal found that Mr Mpemba was one of 29 employees at the Herne Hill premises who were made redundant simultaneously on 21 June 2024. The liquidators also confirmed that there was no knowledge of any recognised trade union or elected representatives, and said they did not believe the directors had consulted the employees, any trade union, or any representative before redundancies were made. The Tribunal held that section 188 applied because 20 or more employees were proposed to be dismissed as redundant at one establishment within 90 days or less.

Applying section 189 and the guidance in Susie Radin v GMB [2004] IRLR 400, the Tribunal said the focus is on the employer's default and that the starting point is the 90-day maximum, reduced only if there are mitigating circumstances. Because there was no consultation and no mitigation was advanced, the Tribunal awarded the maximum protected period of 90 days beginning on 30 June 2024. It also applied a 25% uplift for failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, noting that the power to uplift applied to section 189 claims. The judgment does not state a quantified monetary figure, only the protected period and uplift percentage, and it notes that the Employment Protection (Recoupment of Benefits) Regulations 1996 apply.