Mr G Forsyth and Others v Hadden Construction Ltd (In Administration) and Secretary of State for Business, Energy and Industrial Strategy (Scotland : Protective Award) [2025] UKET 4107592/2024 (30 January 2025)

The tribunal found that Hadden Construction Ltd failed to comply with the statutory consultation requirements prior to making redundancies, and therefore the claimants are entitled to a protective award.

Citation: [2025] UKET 4107592/2024
Parties: Claimant: Mr G Forsyth and Others; Respondent: Hadden Construction Ltd (In Administration); Respondent: Secretary of State for Business, Energy and Industrial Strategy
Jurisdiction: United Kingdom
Judgment Date: 30 January 2025
Procedural Posture: Employment Tribunal / Judgment
Outcome: Protective award granted in favour of the claimants
Legal Topics: Protective Award, Collective Redundancy, Consultation Requirements

Employment Law Protective Award Collective Redundancy Consultation Requirements

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Mr G Forsyth and Others

Claimant

Hadden Construction Ltd (In Administration)

Respondent

Secretary of State for Business, Energy and Industrial Strategy

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

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

Ratio Decidendi

Court Disposition

Protective award granted in favour of the claimants

Orders

Hadden Construction Ltd (In Administration) ordered to pay a protective award to the claimants
Secretary of State for Business, Energy and Industrial Strategy to pay in accordance with statutory provisions