EAT REDUNDANCY – Protective award
It is unreasonable to expect an employer to trade while insolvent to enable it to provide information and consult in accordance with its obligations under s.188 TULRCA 1992.
The Employment Tribunal made 90 day protective awards under s.189 TULRCA against the employer for failure to comply with its duties to consult and provide information pursuant to its duties under s.188 TULRCA. However it failed to take account of the fact that the employer was insolvent and could not lawfully carry on trading to enable it to consult for a period of more than 10 days or so. In the circumstances the EAT reduced the protective award from 90 days to 60 days.
Serota QC J
[2013] UKEAT 0375 – 12 – 0504
Bailii
England and Wales
Updated: 30 October 2021; Ref: scu.509323 br>