K Korthals v Testerworld Ltd (in Administration) and Secretary of State for Business and Trade (England and Wales : Protective Award) [2024] UKET 2501358/2022 (8 March 2024)
The tribunal found that the respondent failed to comply with the statutory consultation requirements prior to redundancy, entitling the claimant to a protective award.
- Citation
- [2024] UKET 2501358/2022
- Parties
- Claimant: K Korthals; Respondent: Testerworld Ltd (in Administration); Respondent: Secretary of State for Business and Trade
- Jurisdiction
- United Kingdom
- Judgment Date
- 08 March 2024
- Procedural Posture
- Employment Tribunal / Judgment
- Outcome
- Claim upheld
- Legal Topics
- Protective Award, Redundancy, Collective Consultation
Case Brief
Summary, issues, holding and outcome
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Parties
K Korthals
Claimant
Testerworld Ltd (in Administration)
Respondent
Secretary of State for Business and Trade
Respondent
Procedural Posture
Employment Tribunal / Judgment
Legal Issues
- 1 Whether the respondent failed to comply with statutory consultation requirements prior to redundancy
- 2 Whether the claimant is entitled to a protective award
Ratio Decidendi
The tribunal found that the respondent failed to comply with the statutory consultation requirements prior to redundancy, entitling the claimant to a protective award.
Court Disposition
Claim upheld
Orders
- Protective award granted in favour of the claimant
- Secretary of State for Business and Trade to pay the protective award to the claimant
Full Case Text
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