ISG Central Services Ltd (in Administration) and others

Case Summary

1,687 claimants brought protective award claims against four ISG entities in administration following mass dismissals on or around 20 September 2024. The tribunal found that all four respondent companies failed to comply with statutory consultation requirements under section 188 TULR(C)A 1992 and ordered each to pay protective awards for a 90-day protected period. Other claims for arrears of pay, holiday pay, redundancy pay and notice pay were dismissed.

The tribunal found that all four respondent companies failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 by not providing adequate consultation regarding the dismissals on or around 20 September 2024, and therefore the protective award claims under section 189 succeeded. The tribunal resolved issues regarding establishment, representatives and consultation in favour of the claimants.

• •failure to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992
• •protective awards under section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992
• •consultation requirements
• •establishment of employee representatives

CASE NO: 2228523/2024 & 1,686 OTHERS 1 EMPLOYMENT TRIBUNALS Mr Yahyaa Laher and 1,686 others Claimants and ISG Central Services Limited (in Administration) First Respondent and ISG Construction Limited (In Administration) Second Respondent and ISG Interior Services Group UK Limited (in Administration) Third Respondent and ISG Retail Limited (In Administration) Fourth Respondent and The Secretary of State for Business, Energy and Industrial Strategy Fifth Respondent JUDGMENT UPON reading the joint application submitted by or on behalf of; 1. The represented claimants named in Schedules 1-4 (“the Claimants”); 2. ISG Central Services Limited (in Administration); 3. ISG Construction Limited (In Administration); 4. ISG Interior Services Group UK Limited (In Administration); and CASE NO: 2228523/2024 & 1,686 OTHERS 2 5. ISG Retail Limited (in Administration); AND UPON those parties and the unrepresented claimants having agreed to the terms of the Judgment set out below by consent, the Judgment of the Employment Tribunal made pursuant to Rule 62 The Employment Tribunal Procedure Rules 2024 is that: Claims against ISG Central Services Limited (in Administration) The protective award claims under section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992 6. In relation to the Claimants named in Schedule 1, all of whom were dismissed on or within 90 days of 20.09.24, to this Judgment only; 6.1 ISG Central Services Limited (in Administration) failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 and their claim for a protective award brought under section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992 succeeds. 6.2 ISG Central Services Limited (in Administration) is ordered to pay remuneration (i.e. a protective award) to the Claimants named in Schedule 1 for a protected period of 90 days beginning on 20.0…