A Butler and others v Testerworld Ltd (In Administration) and Secretary of State for Business and Trade (England and Wales : Protective Award) [2023] UKET 1302673/2022 (6 December 2023)

A Butler and others v Testerworld Ltd (In Administration) and Secretary of State for Business and Trade (England and Wales : Protective Award) [2023] UKET 1302673/2022 (6 December 2023)

The respondent failed to comply with statutory consultation requirements prior to collective redundancies, entitling claimants to a protective award.

Citation
[2023] UKET 1302673/2022
Parties
Claimant: A Butler and others; Respondent: Testerworld Ltd (In Administration); Respondent: Secretary of State for Business and Trade
Jurisdiction
United Kingdom
Judgment Date
06 December 2023
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Protective award granted in favour of claimants
Legal Topics
Protective Award, Collective Redundancy, Consultation Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

A Butler and others

Claimant

Testerworld Ltd (In Administration)

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 collective redundancies
  2. 2 Entitlement of claimants to a protective award

Ratio Decidendi

The respondent failed to comply with statutory consultation requirements prior to collective redundancies, entitling claimants to a protective award.

Court Disposition

Protective award granted in favour of claimants

Orders

  • Testerworld Ltd (In Administration) ordered to pay protective award to claimants
  • Secretary of State for Business and Trade liable for payment under statutory provisions