Mr R Hinchliffe and Others v Wheatons Exeter Ltd (in voluntary liquidation) and Secretary of State for Business, Energy and Industrial Strategy (England and Wales : Protective Award) [2019] UKET 1403341/2018 (12 April 2019)

Mr R Hinchliffe and Others v Wheatons Exeter Ltd (in voluntary liquidation) and Secretary of State for Business, Energy and Industrial Strategy (England and Wales : Protective Award) [2019] UKET 1403341/2018 (12 April 2019)

The Tribunal found that Wheatons Exeter Ltd failed to comply with its statutory duty to consult employees prior to redundancy, and therefore the claimants were entitled to a protective award.

Citation
[2019] UKET 1403341/2018
Parties
Claimant: Mr R Hinchliffe and Others; Respondent: Wheatons Exeter Ltd (in voluntary liquidation); Respondent: Secretary of State for Business, Energy and Industrial Strategy
Jurisdiction
United Kingdom
Judgment Date
12 April 2019
Procedural Posture
Employment Tribunal / Judgment
Outcome
Protective award granted in favour of the claimants
Legal Topics
Protective Award, Collective Redundancy, Employee Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Mr R Hinchliffe and Others

Claimant

Wheatons Exeter Ltd (in voluntary liquidation)

Respondent

Secretary of State for Business, Energy and Industrial Strategy

Respondent

Procedural Posture

Employment Tribunal / Judgment

  1. 1 Whether the employer failed to consult employees as required before redundancies
  2. 2 Whether a protective award should be granted

Ratio Decidendi

The Tribunal found that Wheatons Exeter Ltd failed to comply with its statutory duty to consult employees prior to redundancy, and therefore the claimants were entitled to a protective award.

Court Disposition

Protective award granted in favour of the claimants

Orders

  • Respondents to pay protective award to claimants