Mrs B Cowley v Springdew Ltd (In Voluntary Liquidation) and Secretary of State for Business and Trade (England and Wales : Protective Award) [2024] UKET 1601160/2024 (8 October 2024)

Mrs B Cowley v Springdew Ltd (In Voluntary Liquidation) and Secretary of State for Business and Trade (England and Wales : Protective Award) [2024] UKET 1601160/2024 (8 October 2024)

The respondent failed to comply with statutory consultation requirements prior to redundancy, entitling the claimant to a protective award payable by the Secretary of State due to insolvency.

Citation
[2024] UKET 1601160/2024
Parties
Claimant: Mrs B Cowley; Respondent: Springdew Ltd (In Voluntary Liquidation); Respondent: Secretary of State for Business and Trade
Jurisdiction
United Kingdom
Judgment Date
08 October 2024
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim upheld
Legal Topics
Protective Award, Redundancy, Consultation Obligations

Case Brief

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Parties

Mrs B Cowley

Claimant

Springdew Ltd (In Voluntary Liquidation)

Respondent

Secretary of State for Business and Trade

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

  1. 1 Whether the respondent failed to comply with statutory consultation requirements prior to redundancy
  2. 2 Entitlement of claimant to a protective award

Ratio Decidendi

The respondent failed to comply with statutory consultation requirements prior to redundancy, entitling the claimant to a protective award payable by the Secretary of State due to insolvency.

Court Disposition

Claim upheld

Orders

  • Protective award granted to claimant for statutory maximum period
  • Secretary of State for Business and Trade to pay protective award due to respondent's insolvency