Mr Colin Gardner and Mr Christopher Bell v Joyce Construction and Civils Ltd (in Administration) (England and Wales : Protective Award) [2020] UKET 2500006/2020 (28 July 2020)

Mr Colin Gardner and Mr Christopher Bell v Joyce Construction and Civils Ltd (in Administration) (England and Wales : Protective Award) [2020] UKET 2500006/2020 (28 July 2020)

The tribunal found that the respondent failed to comply with the statutory duty to consult, and therefore the claimants are entitled to a protective award.

Source-derived case information.

Citation
[2020] UKET 2500006/2020
Parties
Claimant: Mr Colin Gardner; Claimant: Mr Christopher Bell; Respondent: Joyce Construction and Civils Ltd (in Administration)
Jurisdiction
United Kingdom
Judgment Date
28 July 2020
Procedural Posture
Employment Tribunal Protective Award / Final Judgment
Outcome
Claim upheld
Legal Topics
Protective Award, Redundancy, Collective Consultation
Employment Law Protective Award Redundancy Collective Consultation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Colin Gardner

Claimant

Mr Christopher Bell

Claimant

Joyce Construction and Civils Ltd (in Administration)

Respondent

Procedural Posture

Employment Tribunal Protective Award / Final Judgment

Legal Issues

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

Ratio Decidendi

The tribunal found that the respondent failed to comply with the statutory duty to consult, and therefore the claimants are entitled to a protective award.

Court Disposition

Claim upheld

Orders

  • Respondent to pay a protective award to the claimants for failure to consult as required by law