Mrs C Smith v Marshall Motor Group Ltd (England and Wales : Protective Award) [2020] UKET 3303081/2020 (1 September 2020)

The respondent failed to comply with the statutory duty to consult prior to redundancy, justifying the making of a protective award in favour of the claimant.

Citation: [2020] UKET 3303081/2020
Parties: Claimant: Mrs C Smith; Respondent: Marshall Motor Group Ltd
Jurisdiction: United Kingdom
Judgment Date: 01 September 2020
Procedural Posture: Employment Tribunal Protective Award / Judgment
Outcome: Claim upheld
Legal Topics: Protective Award, Collective Redundancy Consultation

Employment Law Protective Award Collective Redundancy Consultation

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Mrs C Smith

Claimant

Marshall Motor Group Ltd

Respondent

Procedural Posture

Employment Tribunal Protective Award / Judgment

Legal Issues

1 Whether the respondent failed to comply with statutory consultation requirements prior to redundancy, entitling the claimant to a protective award

Ratio Decidendi

The respondent failed to comply with the statutory duty to consult prior to redundancy, justifying the making of a protective award in favour of the claimant.

Court Disposition

Claim upheld

Orders

The respondent is ordered to pay the claimant a protective award for the failure to consult as required by law.