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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the respondent failed to consult employees as required under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- 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.
Full Case Text
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