Ms M Sadler and Ms LA Mason v Tolent Construction Ltd (In Administration) and Secretary of State for Business and Trade (England and Wales : Protective Award) [2024] UKET 1802075/2023 (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 1802075/2023
Parties: Claimant: Ms M Sadler; Claimant: Ms LA Mason; 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
Legal Topics: Protective Award, Redundancy, Collective Consultation

Employment Law Protective Award Redundancy Collective Consultation

Case Brief

Summary, issues, holding and outcome

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Parties

Ms M Sadler

Claimant

Ms LA Mason

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 claimants are entitled to a protective award due to failure to consult under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992

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

Orders

Tolent Construction Ltd (In Administration) to pay a protective award to the claimants, with the Secretary of State for Business and Trade liable for payment under the relevant statutory scheme.