Mr Alan Cairns v Roalco Ltd (In Administration) (England and Wales : Protective Award) [2020] UKET 3202390/2019 (28 July 2020)

Mr Alan Cairns v Roalco Ltd (In Administration) (England and Wales : Protective Award) [2020] UKET 3202390/2019 (28 July 2020)

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

Citation
[2020] UKET 3202390/2019
Parties
Claimant: Mr Alan Cairns; Respondent: Roalco Ltd (In Administration)
Jurisdiction
United Kingdom
Judgment Date
28 July 2020
Procedural Posture
Employment Tribunal Protective Award / Judgment
Outcome
Claim upheld
Legal Topics
Protective Award, Collective Redundancy, Failure to Consult
Employment Law Protective Award Collective Redundancy Failure to Consult

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Alan Cairns

Claimant

Roalco Ltd (In Administration)

Respondent

Procedural Posture

Employment Tribunal Protective Award / Judgment

Legal Issues

  1. 1 Whether the respondent failed to consult with employee representatives as required under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether a protective award should be made in favour of the claimant

Ratio Decidendi

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

Court Disposition

Claim upheld

Orders

  • The respondent shall pay the claimant a protective award for the maximum period of 90 days.