Mr D Adair and Others v Henderson Site Services Ltd (in administration) and The Secretary of State for Business Energy and Industrial Strategy (England and Wales : Protective Award) [2024] UKET 2500638/2023 (15 January 2024)

Failure to consult employees prior to redundancy entitles claimants to a protective award under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

Source-derived case information.

Citation: [2024] UKET 2500638/2023
Parties: Claimant: Mr D Adair and Others; Respondent: Henderson Site Services Ltd (in administration); Respondent: The Secretary of State for Business Energy and Industrial Strategy
Jurisdiction: United Kingdom
Judgment Date: 15 January 2024
Procedural Posture: Employment Tribunal / Final Judgment
Outcome: Protective award granted in favour of claimants
Legal Topics: Protective Award, Redundancy, Consultation Obligations

Employment Law Protective Award Redundancy Consultation Obligations

Source-derived case record

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Parties

Mr D Adair and Others

Claimant

Henderson Site Services Ltd (in administration)

Respondent

The Secretary of State for Business Energy and Industrial Strategy

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

1 Whether Henderson Site Services Ltd complied with statutory consultation requirements prior to redundancy
2 Entitlement of claimants to a protective award

Ratio Decidendi

Failure to consult employees prior to redundancy entitles claimants to a protective award under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

Court Disposition

Protective award granted in favour of claimants

Orders

Respondent ordered to pay protective award to claimants
Secretary of State liable for payment under statutory scheme

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