Mr D Clarke v Harvard Technology Ltd (In Administration) (England and Wales : Protective Award) [2019] UKET 1800657/2019 (11 July 2019)

Mr D Clarke v Harvard Technology Ltd (In Administration) (England and Wales : Protective Award) [2019] UKET 1800657/2019 (11 July 2019)

The respondent failed to comply with statutory consultation obligations prior to collective redundancies, entitling the claimant to a protective award.

Citation
[2019] UKET 1800657/2019
Parties
Claimant: Mr D Clarke; Respondent: Harvard Technology Ltd (In Administration)
Jurisdiction
United Kingdom
Judgment Date
11 July 2019
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
claim upheld
Legal Topics
Protective Award, Collective Redundancy, Consultation Obligations
Employment Law Protective Award Collective Redundancy Consultation Obligations

Case Brief

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Parties

Mr D Clarke

Claimant

Harvard Technology Ltd (In Administration)

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the respondent failed to comply with its statutory obligations to consult employees prior to collective redundancies under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992

Ratio Decidendi

The respondent failed to comply with statutory consultation obligations prior to collective redundancies, entitling the claimant to a protective award.

Court Disposition

claim upheld

Orders

  • The claimant is entitled to a protective award for the respondent's failure to consult prior to collective redundancies.