Mr Y Mohamed and Others v Henry Construction Projects Ltd (in administration) and The Secretary of State for Business and Trade (England and Wales : Protective Award) [2024] UKET 3311473/2023 (8 November 2024)

Mr Y Mohamed and Others v Henry Construction Projects Ltd (in administration) and The Secretary of State for Business and Trade (England and Wales : Protective Award) [2024] UKET 3311473/2023 (8 November 2024)

The respondent failed to comply with statutory collective consultation requirements prior to redundancy, entitling claimants to a protective award.

Citation
[2024] UKET 3311473/2023
Parties
Claimant: Mr Y Mohamed and Others; Respondent: Henry Construction Projects Ltd (in administration); Respondent: The Secretary of State for Business and Trade
Jurisdiction
United Kingdom
Judgment Date
08 November 2024
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Protective award granted in favour of claimants
Legal Topics
Protective Award, Redundancy, Collective Consultation

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Y Mohamed and Others

Claimant

Henry Construction Projects Ltd (in administration)

Respondent

The Secretary of State for Business and Trade

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

  1. 1 Whether the respondent failed to comply with statutory requirements for collective consultation prior to redundancy
  2. 2 Entitlement of claimants to a protective award

Ratio Decidendi

The respondent failed to comply with statutory collective consultation requirements prior to redundancy, entitling claimants to a protective award.

Court Disposition

Protective award granted in favour of claimants

Orders

  • The Secretary of State for Business and Trade to pay protective award to claimants