Mr K Adams and others v Simonstone (Bristol) Ltd (In Administration) and The Secretary of State For Business, Energy and Industrial Strategy (England and Wales : Protective Award) [2021] UKET 1401693/2020 (22 January 2021)

Mr K Adams and others v Simonstone (Bristol) Ltd (In Administration) and The Secretary of State For Business, Energy and Industrial Strategy (England and Wales : Protective Award) [2021] UKET 1401693/2020 (22 January 2021)

The Tribunal found that the respondent failed to comply with its statutory duty to consult, and therefore a protective award was appropriate.

Citation
[2021] UKET 1401693/2020
Parties
Claimant: Mr K Adams and others; Respondent: Simonstone (Bristol) Ltd (In Administration); Respondent: The Secretary of State For Business, Energy and Industrial Strategy
Jurisdiction
United Kingdom
Judgment Date
22 January 2021
Procedural Posture
Employment Tribunal / Judgment
Outcome
Protective award granted
Legal Topics
Protective Award, Collective Redundancy, Failure to Consult

Case Brief

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Parties

Mr K Adams and others

Claimant

Simonstone (Bristol) Ltd (In Administration)

Respondent

The Secretary of State For Business, Energy and Industrial Strategy

Respondent

Procedural Posture

Employment Tribunal / Judgment

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

Ratio Decidendi

The Tribunal found that the respondent failed to comply with its statutory duty to consult, and therefore a protective award was appropriate.

Court Disposition

Protective award granted

Orders

  • The respondent is ordered to pay a protective award to the claimants for the maximum period permitted by law.