Mr MMO Omair v A C plc (in administration) (England and Wales : Protective Award) [2025] UKET 3311008/2023 (16 January 2025)

Mr MMO Omair v A C plc (in administration) (England and Wales : Protective Award) [2025] UKET 3311008/2023 (16 January 2025)

The tribunal found that the respondent failed to comply with the statutory consultation requirements and that the circumstances did not make compliance not reasonably practicable. The claimant is entitled to a protective award.

Citation
[2025] UKET 3311008/2023
Parties
Claimant: Mr MMO Omair; Respondent: A C plc (in administration)
Jurisdiction
United Kingdom
Judgment Date
16 January 2025
Procedural Posture
Employment Tribunal / Judgment
Outcome
Protective award granted
Legal Topics
Protective Award, Collective Redundancy, Consultation Requirements
Employment Law Protective Award Collective Redundancy Consultation Requirements

Case Brief

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Parties

Mr MMO Omair

Claimant

A C plc (in administration)

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the respondent failed to consult with employees as required under the Trade Union and Labour Relations (Consolidation) Act 1992 before making redundancies
  2. 2 Whether the claimant is entitled to a protective award

Ratio Decidendi

The tribunal found that the respondent failed to comply with the statutory consultation requirements and that the circumstances did not make compliance not reasonably practicable. The claimant is entitled to a protective award.

Court Disposition

Protective award granted

Orders

  • The respondent shall pay the claimant a protective award for the failure to consult as required by law.