Mr L Kay and others v Tolent Construction Ltd (in Administration) and Secretary of State for Business and Trade (England and Wales : Protective Award) [2024] UKET 2500334/2023 (24 April 2024)

Mr L Kay and others v Tolent Construction Ltd (in Administration) and Secretary of State for Business and Trade (England and Wales : Protective Award) [2024] UKET 2500334/2023 (24 April 2024)

The Tribunal found that Tolent Construction Ltd failed to comply with statutory consultation requirements prior to collective redundancies and made a protective award in favour of the claimants.

Citation
[2024] UKET 2500334/2023
Parties
Claimant: Mr L Kay 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 in favour of the claimants
Legal Topics
Protective Award, Collective Redundancy, Consultation Requirements

Case Brief

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Parties

Mr L Kay 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 collective redundancies
  2. 2 Whether a protective award should be made in favour of the claimants

Ratio Decidendi

The Tribunal found that Tolent Construction Ltd failed to comply with statutory consultation requirements prior to collective redundancies and made a protective award in favour of the claimants.

Court Disposition

Protective award granted in favour of the claimants

Orders

  • Respondent to pay protective award to claimants
  • Secretary of State for Business and Trade liable for payment under statutory scheme