Mr CA Burns and Mr AR Picken v Testerworld Ltd (in administration) and Secretary of State for Business and Trade (England and Wales : Protective Award) [2023] UKET 2501288/2022 (27 July 2023)

Mr CA Burns and Mr AR Picken v Testerworld Ltd (in administration) and Secretary of State for Business and Trade (England and Wales : Protective Award) [2023] UKET 2501288/2022 (27 July 2023)

The Tribunal found that the respondents failed to comply with the statutory consultation requirements and awarded a protective award to the claimants.

Citation
[2023] UKET 2501288/2022
Parties
Claimant: Mr CA Burns; Claimant: Mr AR Picken; Respondent: Testerworld Ltd (in administration); Respondent: Secretary of State for Business and Trade
Jurisdiction
United Kingdom
Judgment Date
27 July 2023
Procedural Posture
Employment Tribunal / Judgment
Outcome
Protective award granted to claimants
Legal Topics
Protective Award, Redundancy, Collective Consultation

Case Brief

Summary, issues, holding and outcome

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Parties

Mr CA Burns

Claimant

Mr AR Picken

Claimant

Testerworld Ltd (in administration)

Respondent

Secretary of State for Business and Trade

Respondent

Procedural Posture

Employment Tribunal / Judgment

  1. 1 Whether the respondents failed to comply with statutory consultation requirements prior to redundancy
  2. 2 Whether claimants are entitled to a protective award

Ratio Decidendi

The Tribunal found that the respondents failed to comply with the statutory consultation requirements and awarded a protective award to the claimants.

Court Disposition

Protective award granted to claimants

Orders

  • Respondents to pay protective award to claimants