Mrs J Robson and others v Tolent Construction Ltd (In Administration) and Secretary of State for Business and Trade (England and Wales : Protective Award) [2024] UKET 2500402/2023 (24 April 2024)

Mrs J Robson and others v Tolent Construction Ltd (In Administration) and Secretary of State for Business and Trade (England and Wales : Protective Award) [2024] UKET 2500402/2023 (24 April 2024)

The Tribunal found that Tolent Construction Ltd failed to comply with its statutory duty to consult, and therefore the claimants are entitled to a protective award.

Citation
[2024] UKET 2500402/2023
Parties
Claimant: Mrs J Robson and others; Respondent: Tolent Construction Ltd (In Administration); Respondent: Secretary of State for Business and Trade
Jurisdiction
United Kingdom
Judgment Date
24 April 2024
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

Mrs J Robson and others

Claimant

Tolent Construction Ltd (In Administration)

Respondent

Secretary of State for Business and Trade

Respondent

Procedural Posture

Employment Tribunal / Judgment

  1. 1 Whether the respondent 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 Tolent Construction Ltd failed to comply with its statutory duty to consult, and therefore the claimants are entitled to a protective award.

Court Disposition

Protective award granted to claimants

Orders

  • Respondent to pay protective award to claimants, liability to be met by Secretary of State for Business and Trade as appropriate