Mr S Sheldrake and Others v ARJ Construction Ltd (In Administration) and Secretary of State for Business & Trade (England and Wales : Protective Award) [2025] UKET 3306542/2024 (2 January 2025)

The Tribunal found that ARJ Construction Ltd failed to comply with its statutory duty to consult, and the claimants are entitled to a protective award.

Citation: [2025] UKET 3306542/2024
Parties: Claimant: Mr S Sheldrake and Others; Respondent: ARJ Construction Ltd (In Administration); Respondent: Secretary of State for Business & Trade
Jurisdiction: United Kingdom
Judgment Date: 02 January 2025
Procedural Posture: Employment Tribunal / Judgment
Outcome: Protective award granted in favour of the claimants
Legal Topics: Protective Award, Collective Redundancy, Employee Rights

Employment Law Protective Award Collective Redundancy Employee Rights

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2

Parties

Mr S Sheldrake and Others

Claimant

ARJ Construction Ltd (In Administration)

Respondent

Secretary of State for Business & Trade

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

1 Whether the employer failed to consult employees prior to redundancy as required by law
2 Whether a protective award should be granted

Ratio Decidendi

The Tribunal found that ARJ Construction Ltd failed to comply with its statutory duty to consult, and the claimants are entitled to a protective award.

Court Disposition

Protective award granted in favour of the claimants

Orders

Respondent to pay protective award to claimants
Secretary of State for Business & Trade to pay in the event of respondent's insolvency