Former employees of C Brown & Sons (Steel) secure successful protective award claim

Pearson Solicitors' Employment Law team has secured a successful Employment Tribunal judgment on behalf of 32 former employees of C Brown & Sons (Steel) Limited, a long-established steel company based in Dudley following the company's failure to comply with its collective consultation obligations during redundancies.

The Employment Tribunal confirmed that all 32 protective award claims succeeded, with each claimant awarded a protective award equivalent to 90 days' gross pay.

The successful outcome provides important additional compensation for the employees affected and reinforces the importance of employers complying with their legal obligations when undertaking large-scale redundancies.

C Brown & Sons (Steel) Limited protective award claim

The case involved claims against C Brown & Sons (Steel) Limited, which had entered administration following the collapse of the business and the subsequent redundancies affecting its employees."

Pearson's specialist employment law solicitors represented 32 former employees in protective award claims under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).

The proceedings were brought against C Brown & Sons (Steel) Limited (in Administration), with the Secretary of State for Business, Energy and Industrial Strategy also named as a respondent.

The claims were successfully resolved by agreement, resulting in a Judgment by Consent approved by Employment Judge Meichen on 30 October 2026.

Commenting on the successful outcome, Partner and Head of Employment Law, Alan Lewis, who led the claim, said:

"This was an important result for the 32 employees involved, many of whom were facing considerable uncertainty following the company's administration and the loss of their jobs.

"Employers have clear legal obligations to consult with employee representatives when undertaking large-scale redundancies. Unfortunately, those obligations are not always followed, leaving employees without the opportunity to be properly consulted about the proposed dismissals.

"I am pleased that we were able to secure a successful outcome for every claimant. A protective award can make a real difference to employees at an already difficult time, and this case demonstrates the importance of understanding and enforcing those rights."

C Brown & Sons (Steel) Employment Tribunal ruling

The Employment Tribunal confirmed that C Brown & Sons (Steel) Limited had failed to adequately comply with its obligations under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

Section 188 requires employers proposing to make 20 or more employees redundant at one establishment within a 90-day period to undertake collective consultation with appropriate employee representatives.

As a result of the company's failure to meet these obligations, the protective award claims brought on behalf of the 32 employees succeeded.

Each of the 32 claimants was awarded a protective award equivalent to 90 days' gross pay.

The protected period commenced on 26 September 2025, being the date on which the first of the dismissals to which the complaints related took effect.

The judgment also confirmed that the company's Joint Administrators had consented to the protective award claims proceeding.

Being made redundant can be an extremely stressful experience, particularly when an employer enters administration or fails to follow the correct redundancy procedures.

At Pearson Solicitors, our specialist employment law team advise and represent employees in protective award claims, helping them understand their rights and pursue compensation where employers have failed to meet their legal obligations.

If you have been made redundant as part of a large-scale redundancy programme and believe your employer has failed to properly consult with employees, you may be entitled to bring a protective award claim.

For legal advice on employee rights or to discuss making a protective award claim, contact Pearson's Employment Law team on 0161 785 3500 or email enquiries@pearsonlegal.co.uk.

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.