Mr J F McAteer and others v Kinetics Group Ltd (formerly in administration now in voluntary liquidation) (England and Wales : Protective Award : Unfair Dismissal) [2017] UKET 2406869/2011 (13 March 2017)

Mr J F McAteer and others v Kinetics Group Ltd (formerly in administration now in voluntary liquidation) (England and Wales : Protective Award : Unfair Dismissal) [2017] UKET 2406869/2011 (13 March 2017)

The respondent failed to consult employees as required by law prior to redundancy, entitling claimants to a protective award and compensation for unfair dismissal.

Citation
[2017] UKET 2406869/2011
Parties
Claimant: Mr J F McAteer and others; Respondent: Kinetics Group Ltd (formerly in administration now in voluntary liquidation)
Jurisdiction
United Kingdom
Judgment Date
13 March 2017
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Judgment for claimants
Legal Topics
Protective Award, Unfair Dismissal
Employment Law Protective Award Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Mr J F McAteer and others

Claimant

Kinetics Group Ltd (formerly in administration now in voluntary liquidation)

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether claimants are entitled to a protective award for failure to consult under s.188 TULRCA
  2. 2 Whether claimants were unfairly dismissed

Ratio Decidendi

The respondent failed to consult employees as required by law prior to redundancy, entitling claimants to a protective award and compensation for unfair dismissal.

Court Disposition

Judgment for claimants

Orders

  • Protective award granted
  • Compensation for unfair dismissal awarded