Mr D Simms v George Birchall Services Ltd (in Administration) and George Birchall Ltd (England and Wales : Protective Award) [2024] UKET 1302137/2019 (4 January 2024)

Mr D Simms v George Birchall Services Ltd (in Administration) and George Birchall Ltd (England and Wales : Protective Award) [2024] UKET 1302137/2019 (4 January 2024)

The tribunal found that the respondents failed to comply with the statutory consultation requirements, and the claimant is entitled to a protective award.

Citation
[2024] UKET 1302137/2019
Parties
Claimant: Mr D Simms; Respondent: George Birchall Services Ltd (in Administration); Respondent: George Birchall Ltd
Jurisdiction
United Kingdom
Judgment Date
04 January 2024
Procedural Posture
Employment Tribunal / Judgment
Outcome
Protective award granted in favour of the claimant
Legal Topics
Protective Award, Collective Redundancy, Consultation Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Mr D Simms

Claimant

George Birchall Services Ltd (in Administration)

Respondent

George Birchall Ltd

Respondent

Procedural Posture

Employment Tribunal / Judgment

  1. 1 Whether the respondents 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 respondents failed to comply with the statutory consultation requirements, and the claimant is entitled to a protective award.

Court Disposition

Protective award granted in favour of the claimant

Orders

  • Respondents to pay the claimant a protective award for failure to consult