Carillion Services Ltd (in Liquidation) v Benson [2021]

The respondent, the Carillion group, was a company listed on the FTSE100.   At its height, it had a turnover of £5.2 billion in 2016.  In late 2017 and early 2018 the company was subject to heavy press coverage concerning its financial situation (and the wider effect it may have on unemployment).

The respondent went into compulsory liquidation in January 2018, and it resulted in a large number of their employees being dismissed.  The claimants brought claims for protective awards under Section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that the respondent had failed in its duty to consult.

At the Tribunal, the respondent agreed that