Smartcomm Ltd (In Administration) and The Secretary of State for Business and Trade

Case Summary

Multiple employees of Smartcomm Ltd were dismissed as redundant on or after 24 February 2025 without any consultation having taken place, in breach of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. The tribunal found the employer failed to comply with collective redundancy consultation requirements and made a protective award in favour of the claimants. The protective award is for remuneration covering a 90-day protected period beginning 24 February 2025, with the Recoupment Regulations applying.

The employer failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 by dismissing 20 or more employees as redundant without consultation, and there was no reason to depart from the principle that protective awards should be for the maximum period.

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• •Failure to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992
• •Collective redundancy consultation requirements
• •Protective award for failure to consult

– 3303564/2025 EMPLOYMENT TRIBUNALS Claimant: Mr B Tibbs & Others (see attached schedule) Respondent: 1. Smartcomm Ltd (In Administration) 2. The Secretary of State for Business and Trade JUDGMENT (1) The first respondent has failed to comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. The claim for a protective award succeeds. (2) The Tribunal makes a protective award in respect of the claimants who worked at the first respondent’s establishment at Halifax Road, Cressex Business Park, High Wycombe, Buckinghamshire HP12 3SN and who were dismissed as redundant on or after 24 February 2025 that the employer pay remuneration for the protected period which begins on 24 February 2025 and is for a period of 90 days. The Recoupment Regulations apply. REASONS 1. The claimants were employed at the same establishment at Halifax Road, Cressex Business Park, High Wycombe, Buckinghamshire HP12 3SN (“the establishment”) and were made redundant on or after 24 February 2025. 2. There was no recognised trade union or elected employee representatives at the establishment. 3. 20 or more employees at the establishment were made redundant or placed at risk of redundancy, on or within 90 days of 24 February 2025. 4. The claimants were dismissed during this period without any consultation having taken place. 5. The last of the dismissals occurred on 24 February 2025, so all the claims have been presented within the time limit contained in section 189(5)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992. 6. The first respondent, which is in administration, has not filed a response to the claim but its administrators have consented to the claim for a protective award proceeding. The second respondent has been copied into the proceedings as statutor…