V Tirpan and others v P & D Material Recovery Ltd (in Creditors Voluntary Liquidation): 2305457/2025
JUDGMENT
The judgment of the Tribunal is that the claimant’s complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) of a failure by the respondent the requirements of section 188 of the 1992 Act succeeds. The Tribunal orders the respondent by way of protective award under section 189(3) of the 1992 Act to pay each claimant, each of whom was dismissed for redundancy on 11 March 2025 remuneration for the period of 90 days beginning on 11 March 2025. The Recoupment Regulations apply.REASONS
[1]Detailed reasons were given in an oral judgment at the hearing. These summary reasons are provided for the benefit of the Interested Party[2]The Tribunal was satisfied on the evidence that : 2.1. The claimants were employees of the respondent within section 295(1) of the 1992 Act; 2.2. They were made redundant on 11 March 2025. 2.3. They were employed at a single establishment. 2.4. There were more than 20 employees so employed. 2.5. There was no appointed union representative. 2.6. There was no, and no opportunity to elect an employee representative. 2.7. The respondent failed to conduct any consultation before 11 March 2025 as required by section 188 of the 1992 Act. 2.8. The respondent did not identify any exceptional circumstances to excuse the failure to comply with its duty to consult. 2.9. No mitigating circumstances were identified upon which the starting point of a 90 day award might be reduced. 2.10. The claims were brought within time. Approved by