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Independent Insurance Company Ltd (in liquidation) v Aspinall and O'Callaghan - Protective awards are not "collective" [2011] EAT

Where employees have been made redundant without proper consultation an employment tribunal has no power to make a protective award "collectively" in favour of all affected employees but can make that award only in favour of employees who filed claims at the tribunal.

In June 2001, Independent Insurance Company Ltd ("IICL") dismissed as redundant some 340 employees at its Cheadle office.  IICL failed to consult as required by Trade Union and Labour Relations (Consolidation) Act 1992 s.188 (which requires consultation with appropriate representatives of employees if there are to be 20 or more redundancies at one establishment within a period of 90 days).  Following this failure to consult, two of the redundant employees, Mr Aspinall and Mrs O'Callaghan,  won a claim they presented to an employment tribunal.  The tribunal in Manchester made an order requiring IICL to pay 90 day's pay not only to those two but also to other employees dismissed with them.  This was by way of protective award under TULRCA 1992 s.189.

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