Construction workers win compensation claim against defunct employer

Twelve ex-employees of a construction firm have been awarded compensation after their employer – which fell into administration last year – did not hold a formal consultation process.

The former employees of groundworks company Bowie Construction will receive their payouts from the government’s Redundancy Payments Service as the business is now defunct.

The tribunal found that the employees had been due a protective award under the Trade Union & Labour (Consolidation) Act 1992.

The firm had failed to comply with the legislation by not paying remuneration for a protected period of 90 days from 13 March 2024, when they were effectively dismissed.

Collective redundancy

Reasons behind Dundee University job losses to be probed 

Number of planned redundancies falls by 13%

More than 20 employees were made redundant or placed at risk of redundancy but then dismissed without any consultation having taken place, the tribunal found.

The judge said that administrators for Bowie responded to the tribunal process and gave consent for the awards to be made.

This is not the first case of construction workers taking tribunal action against now-defunct contractors.

The collapse of FTSE-listed construction firm Carillion in 2018 led to thousands of redundancy dismissals for which the company should have undertaken collective consultation.

Several employees subsequently issued claims for protective awards and the Unite union announced plans to take legal action against the company, claiming it was aware of its deteriorating financial situation months before going into liquidation and could have held a collective consultation process.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

Email(Required) OptOut From time to time, we will send you emails about selected products, events and services from Personnel Today and OHW+ - but you can choose to opt-out at any time. If you do not wish to receive these emails, please tick this box.PhoneThis field is for validation purposes and should be left unchanged.

Δdocument.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() );

/* = 0;if(!is_postback)var form_content = jQuery(this).contents().find('#gform_wrapper_129');var is_confirmation = jQuery(this).contents().find('#gform_confirmation_wrapper_129').length > 0;var is_redirect = contents.indexOf('gformRedirect() );} ); /* ]]> */

Carillion claimed the compulsory liquidation qualified as “special circumstances” under which it would not have to comply with the consultation requirement, but this was dismissed.

HR jobs in construction and property on Personnel Today


Browse more HR jobs in construction and property


AP by OMG

Asian-Promotions.com | Buy More, Pay Less | Anywhere in Asia

Shop Smarter on AP Today | FREE Product Samples, Latest Discounts, Deals, Coupon Codes & Promotions | Direct Brand Updates every second | Every Shopper’s Dream!

Asian-Promotions.com or AP lets you buy more and pay less anywhere in Asia. Shop Smarter on AP Today. Sign-up for FREE Product Samples, Latest Discounts, Deals, Coupon Codes & Promotions. With Direct Brand Updates every second, AP is Every Shopper’s Dream come true! Stretch your dollar now with AP. Start saving today!

Originally posted on: https://www.personneltoday.com/hr/construction-workers-compensation-bowie/