Ms B Cleall and others v Wasps Holdings Ltd (In administration) (England and Wales : Breach of Contract)

Factual and Procedural Background

The claimants brought employment claims against the respondent, Company A, which was in administration at the time. The respondent failed to file a formal response to the claims and indicated through its administrators that it did not intend to contest the claims. The Employment Judge determined that the claims could be decided without a hearing based on the claimants' submissions.

Legal Issues Presented

1. Whether the respondent wrongfully dismissed the claimants.
2. Whether the respondent breached section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to provide affected employees with the opportunity to elect representatives and failing to comply with its information and consultation duties.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Employment Judge relied on the absence of a response from the respondent and the evidence submitted by the claimants to conclude that the respondent wrongfully dismissed the claimants. The court found a breach of statutory duties under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 concerning failure to consult affected employees. The decision was made under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, permitting determination without a hearing when appropriate.

Holding and Implications

The court held that the respondent wrongfully dismissed the claimants and breached statutory consultation duties. The respondent was ordered to pay damages for wrongful dismissal and protective awards to each claimant as follows:

• To the first claimant: £903.43 in damages and a protective award of £3,708.79 for 90 days.
• To the second claimant: £615.89 in damages and a protective award of £2,373.63 for 90 days.
• To the third claimant: £2,229.92 in damages and a protective award of £2,967.04 for 90 days.

The decision directly affects the parties by awarding compensation and protective awards but does not establish new legal precedent.