Mr D Windsor v Carillion Services Ltd (in compulsory liquidation) (England and Wales : Protective Award) [2020] UKET 1302203/2018 (2 October 2020)

Mr D Windsor v Carillion Services Ltd (in compulsory liquidation) (England and Wales : Protective Award) [2020] UKET 1302203/2018 (2 October 2020)

The respondent failed to comply with its statutory duty to consult, and therefore a protective award is appropriate.

Citation
[2020] UKET 1302203/2018
Parties
Claimant: Mr D Windsor; Respondent: Carillion Services Ltd (in compulsory liquidation)
Jurisdiction
United Kingdom
Judgment Date
02 October 2020
Procedural Posture
Employment Tribunal / Judgment on Protective Award
Outcome
Protective award granted in favour of the claimant.
Legal Topics
Protective Award, Collective Redundancy, Failure to Consult
Employment Law Protective Award Collective Redundancy Failure to Consult

Case Brief

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Parties

Mr D Windsor

Claimant

Carillion Services Ltd (in compulsory liquidation)

Respondent

Procedural Posture

Employment Tribunal / Judgment on Protective Award

Legal Issues

  1. 1 Whether the respondent failed to consult with employees as required under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether a protective award should be made

Ratio Decidendi

The respondent failed to comply with its statutory duty to consult, and therefore a protective award is appropriate.

Court Disposition

Protective award granted in favour of the claimant.

Orders

  • Respondent to pay the claimant a protective award for the relevant period.