T Couling and Others v Aspect Facades Ltd (in administration) and Secretary of State for Business, Energy and Industrial Strategy: 2500547/2024 and Others T Couling and Others v Aspect Facades Ltd (in administration) and Secretary of State for Business, Energy and Industrial Strategy: 2500547/2024 and Others
JUDGMENT
[1]The Tribunal declares that the complaint of the claimants named in the attached Schedule that the respondent failed to comply with the requirements of s188 of the Trade Union & Labour Relations (Consolidation) Act 1992 (“TULRCA”) is well-founded.[2]The Tribunal makes a protective award of 90 days’ pay in respect of the claimants named in the attached Schedule, who were dismissed as redundant with effect from 31 January 2024. The Tribunal orders the respondent to pay those claimants their remuneration for the protected period of 90 days beginning on 31 January 2024. NOTES[3]All of the claimants claimed that they were dismissed as redundant without any collective redundancy consultation. Each claimant claimed that they should be paid a ‘protective award’ because of the respondent’s failure to inform and consult on a collective basis regarding their redundancy, as required by s188 of the Trade Union and Labour Relations (Consolidation) Act 1992.[4]I took into account the very helpful submissions contained in the Secretary of State’s Response form. All 23 claimants to this claim were employed by the respondent, which went into administration on 2 February 2024. The respondent dismissed all 23 claimants due to redundancy on 31 January 2024 with immediate effect and without prior consultation. I was satisfied that there were no ‘appropriate representatives’ within the meaning of section 188(1B) TULRCA and no steps had been taken to elect employee representatives. I was also satisfied that all 23 claimants, including the three claimants employed in Site Supervisor or Site Manager roles, were assigned to a single establishment – namely, the respondent’s Newton Aycliffe site.