Search

How can we help?

Icon

Max award for employees told of redundancies via social media

Twenty-three employees have won the maximum ‘Protective Award’ of 90 days extra pay because their employer failed to ‘inform and consult’ with them about their redundancies. Under S188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA), employers must follow collective consultation rules where it proposes to make over 20 redundancies in a 90 day period.

Consultations must start 30 days before the proposed dismissal of between 20 and 99 employees or 45 days for 100+ employees

(And it’s important to note that even if fewer than 20, or fewer than 100, employees are subsequently made redundant, the original start date for the consultations still applies. That is because the collective consultation rules are based on the number of dismissals being proposed at the beginning of the process).

In this case of Whalley & Others v The Bliss Space (Southport) Ltd (In Voluntary Liquidation) the employees were furloughed in March 2020 from their jobs at a theatre and conference centre. They discovered through their employer’s social media page that from May 2020 they would not be returning to work as their employer had gone into liquidation. It had been clear in the social media post that the company had been in discussion with the local authority about the impending closure, but neither the employees nor their union had been contacted before the decision was made.

The employment tribunal awarded each individual the maximum protective award of 90 days’ gross pay because Bliss Space was unable to demonstrate a ‘special circumstances’ defence which meant it was not reasonably practicable to consult in good time.

Employers still need to comply with their obligations under S188 TULCRA.

This case serves as a warning that if a business needs to make redundancies caused by the coronavirus pandemic related lockdowns that, on its own, is not enough to provide a special circumstances defence.

If you have any questions about how to manage a collective redundancy process, or the special circumstances defence, our employment team is on hand to help.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 04 July 2025
  • Employment

Update: The ‘Employment Rights Bill Implementation Roadmap’

The Employment Rights Bill is a draft law which is poised to expand the rights of employees, signifying a major overhaul in employment law. The ERB has already been passed by the House of Commons and is currently at the ‘Report Stage’ in the House of Lords.

Pub
  • 03 July 2025
  • Corporate and M&A

Get your tech business market ready for sale

In our latest podcast, join Stuart Mullins and Nicky Goringe Larkin to learn how to maximise your tech business value and get your tech business market ready for sale.

art
  • 03 July 2025
  • Immigration

Major Changes to the Immigration Rules from 1 July 2025: What Employers and Visa Holders Need to Know

We outline the key updates, how they affect employers and visa holders—particularly those on the Skilled Worker and Global Business Mobility (GBM) routes—and how our team can assist you in staying compliant and ahead of policy changes.

art
  • 02 July 2025
  • Employment

Day One Rights: What the New UK Employment Bill Means for You and Your Workplace

Let’s unpack what’s changing in the UK Employments Rights Bill, and why it matters, and what both employees and employers should expect.

art
  • 01 July 2025
  • Privacy and Data Protection

Data protection compliance: tricky issues for employers

This article highlights key issues organisations may face when processing personal data and stresses the importance of a proactive approach. It also outlines tailored training packages to support compliance and build internal expertise.

art
  • 26 June 2025
  • Employment

A shift in EHRC guidance on single sex spaces in the workplace

In a recent significant shift, the Equality and Human Rights Commission (“the EHRC”) has quietly amended its guidance on single sex spaces in the workplace.