Mr F Clark and Others v Arjowiggins Chartham Mill Ltd (In Administration) (England and Wales : Protective Award) [2024] UKET 2300185/2023 (4 March 2024)

Mr F Clark and Others v Arjowiggins Chartham Mill Ltd (In Administration) (England and Wales : Protective Award) [2024] UKET 2300185/2023 (4 March 2024)

The tribunal found that the respondent failed to comply with the statutory duty to consult representatives of affected employees prior to redundancy, entitling the claimants to a protective award.

Citation
[2024] UKET 2300185/2023
Parties
Claimant: Mr F Clark and Others; Respondent: Arjowiggins Chartham Mill Ltd (In Administration)
Jurisdiction
United Kingdom
Judgment Date
04 March 2024
Procedural Posture
Employment Tribunal / Judgment
Outcome
Protective award granted in favour of claimants
Legal Topics
Protective Award, Redundancy, Collective Consultation

Case Brief

Summary, issues, holding and outcome

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Parties

Mr F Clark and Others

Claimant

Arjowiggins Chartham Mill Ltd (In Administration)

Respondent

Procedural Posture

Employment Tribunal / Judgment

  1. 1 Whether the respondent failed to comply with statutory consultation requirements prior to redundancy
  2. 2 Whether claimants are entitled to a protective award

Ratio Decidendi

The tribunal found that the respondent failed to comply with the statutory duty to consult representatives of affected employees prior to redundancy, entitling the claimants to a protective award.

Court Disposition

Protective award granted in favour of claimants

Orders

  • Respondent to pay protective award to claimants