Mr A Gibbs and Others v Specialised Management Services Ltd (In Administration) and The Secretary of State for Business and Trade (England and Wales : Protective Award) [2025] UKET 3311189/2024 (26 March 2025)

Mr A Gibbs and Others v Specialised Management Services Ltd (In Administration) and The Secretary of State for Business and Trade (England and Wales : Protective Award) [2025] UKET 3311189/2024 (26 March 2025)

The tribunal found that the respondent failed to comply with the statutory consultation requirements and that it was not satisfied that it was not reasonably practicable to consult, thus the claimants are entitled to a protective award.

Citation
[2025] UKET 3311189/2024
Parties
Claimant: Mr A Gibbs and Others; Respondent: Specialised Management Services Ltd (In Administration); Respondent: The Secretary of State for Business and Trade
Jurisdiction
United Kingdom
Judgment Date
26 March 2025
Procedural Posture
Employment Tribunal / Judgment
Outcome
Protective award granted in favour of the claimants.
Legal Topics
Protective Award, Collective Redundancy, Employee Rights
Employment Law Protective Award Collective Redundancy Employee Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Mr A Gibbs and Others

Claimant

Specialised Management Services Ltd (In Administration)

Respondent

The Secretary of State for Business and Trade

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the respondent failed to comply with statutory consultation requirements prior to collective redundancies
  2. 2 Whether claimants are entitled to a protective award under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992

Ratio Decidendi

The tribunal found that the respondent failed to comply with the statutory consultation requirements and that it was not satisfied that it was not reasonably practicable to consult, thus the claimants are entitled to a protective award.

Court Disposition

Protective award granted in favour of the claimants.

Orders

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