Mrs D Rodgers and others v Monarch Holidays Ltd (In Administration) and Secretary of State for Business, Energy and Industrial Strategy (England and Wales : Protective Award) [2019] UKET 2302935/2017 (29 October 2019)

Mrs D Rodgers and others v Monarch Holidays Ltd (In Administration) and Secretary of State for Business, Energy and Industrial Strategy (England and Wales : Protective Award) [2019] UKET 2302935/2017 (29 October 2019)

The Tribunal found that Monarch Holidays Ltd failed to comply with its statutory duty to consult with employee representatives prior to making redundancies, and the claimants are entitled to a protective award.

Citation
[2019] UKET 2302935/2017
Parties
Claimant: Mrs D Rodgers and others; Respondent: Monarch Holidays Ltd (In Administration); Respondent: Secretary of State for Business, Energy and Industrial Strategy
Jurisdiction
United Kingdom
Judgment Date
29 October 2019
Procedural Posture
Employment Tribunal / Judgment
Outcome
Protective award granted in favour of the claimants.
Legal Topics
Protective Award, Redundancy, Collective Consultation

Case Brief

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Parties

Mrs D Rodgers and others

Claimant

Monarch Holidays Ltd (In Administration)

Respondent

Secretary of State for Business, Energy and Industrial Strategy

Respondent

Procedural Posture

Employment Tribunal / Judgment

  1. 1 Whether the claimants are entitled to a protective award due to failure to consult under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992

Ratio Decidendi

The Tribunal found that Monarch Holidays Ltd failed to comply with its statutory duty to consult with employee representatives prior to making redundancies, and the claimants are entitled to a protective award.

Court Disposition

Protective award granted in favour of the claimants.

Orders

  • Respondent to pay protective award to claimants.