I Thorley v George Birchall Ltd (in Administration) (England and Wales : Protective Award) [2023] UKET 1305780/2018 (15 March 2023)

I Thorley v George Birchall Ltd (in Administration) (England and Wales : Protective Award) [2023] UKET 1305780/2018 (15 March 2023)

The Tribunal found that the respondent failed to comply with the statutory duty to consult, and therefore a protective award was appropriate.

Citation
[2023] UKET 1305780/2018
Parties
Claimant: I Thorley; Respondent: George Birchall Ltd (in Administration)
Jurisdiction
United Kingdom
Judgment Date
15 March 2023
Procedural Posture
Employment Tribunal / Judgment on Protective Award
Outcome
Protective award granted in favour of the claimant.
Legal Topics
Protective Award, Redundancy, Collective Consultation
Employment Law Protective Award Redundancy Collective Consultation

Case Brief

Summary, issues, holding and outcome

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Parties

I Thorley

Claimant

George Birchall Ltd (in Administration)

Respondent

Procedural Posture

Employment Tribunal / Judgment on Protective Award

Legal Issues

  1. 1 Whether the respondent failed to comply with statutory consultation requirements prior to redundancies
  2. 2 Whether a protective award should be granted

Ratio Decidendi

The Tribunal found that the respondent failed to comply with the statutory duty to consult, and therefore a protective award was appropriate.

Court Disposition

Protective award granted in favour of the claimant.

Orders

  • Respondent to pay a protective award to affected employees for the maximum period permitted by law.