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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the respondent failed to comply with statutory consultation requirements prior to collective redundancies
- 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
Full Case Text
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