Mr C Flanagan v Aspin Group Ltd (In Administration) (England and Wales : Protective Award) [2020] UKET 2414076/2019 (19 March 2020)

Mr C Flanagan v Aspin Group Ltd (In Administration) (England and Wales : Protective Award) [2020] UKET 2414076/2019 (19 March 2020)

The tribunal found that the respondent failed to comply with the statutory duty to consult, and therefore the claimant is entitled to a protective award.

Citation
[2020] UKET 2414076/2019
Parties
Claimant: Mr C Flanagan; Respondent: Aspin Group Ltd (In Administration)
Jurisdiction
United Kingdom
Judgment Date
19 March 2020
Procedural Posture
Employment Tribunal Protective Award / Judgment
Outcome
Claim upheld
Legal Topics
Protective Award, Collective Redundancy, Consultation Requirements
Employment Law Protective Award Collective Redundancy Consultation Requirements

Case Brief

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Parties

Mr C Flanagan

Claimant

Aspin Group Ltd (In Administration)

Respondent

Procedural Posture

Employment Tribunal Protective Award / Judgment

Legal Issues

  1. 1 Whether the respondent failed to comply with statutory consultation requirements prior to redundancy
  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 duty to consult, and therefore the claimant is entitled to a protective award.

Court Disposition

Claim upheld

Orders

  • The respondent shall pay the claimant a protective award for the maximum period permitted by law.