No consultation, no special circumstances: 90-day protective award for long-serving employee

What this case shows in practice

This case is a stark example of what happens when an employer makes 21 employees redundant without any consultation at all. The former employee had worked for High-Tech Windows Ltd for 32 years – from 1990 until October 2022 – when he and his colleagues were summarily dismissed by reason of redundancy. There was no consultation with any employee representative or trade union, and the employer did not claim any special circumstances that would have justified skipping that step.

The tribunal found that the employer had a legal duty to consult under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 because 20 or more employees were being made redundant at one establishment. The failure to consult was clear, and the award of 90 days' pay – the maximum possible – reflects how seriously the tribunal viewed that failure.

What the losing side could have done differently

High-Tech Windows Ltd could have avoided this award entirely by carrying out a proper consultation process. Even if the company was in financial difficulty, that does not amount to 'special circumstances' that would excuse consultation. The employer could have informed employees of the proposed redundancies, considered alternatives, and responded to any representations. Instead, they did nothing, and the tribunal imposed the maximum protective award.

Why the result matters for similar claims

This decision reinforces that the duty to consult is not optional when 20 or more redundancies are proposed. Even if the employer is insolvent and the Secretary of State has already paid statutory redundancy and notice pay, a protective award can still be made. The award is paid from the National Insurance Fund if the employer cannot pay. For employees facing redundancy without consultation, this case shows that the tribunal will enforce the law even against a company in liquidation.