Case 1302690/2023 · Employment Tribunal
(1) GMB and others (case 1302690/2023 and others) (2) Mr M McCue (case 1302822/2023) (3) Mr A Kulesza and others (case 1301829/2023 and others) v Wade Ceramics Ltd (in administration) and 1 other — 2024
- Case reference
- 1302690/2023
- Decision date
- 28 August 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Faulkner
- Venue
- Midlands West
Parties
3 namedClaimant
(1) GMB and others (case 1302690/2023 and others) (2) Mr M McCue (case 1302822/2023) (3) Mr A Kulesza and others (case 1301829/2023 and others)
Key findings
Tribunal's reasoningThe Tribunal found that all listed Claimants were employed by Wade Ceramics Ltd at one establishment and were dismissed as redundant on 2 December 2022, when the First Respondent went into administration. The Tribunal was not satisfied on the evidence that GMB, or any trade union, was recognised by the First Respondent for the relevant employees.
The First Respondent did not consult with the Claimants, GMB, or any employee representatives, did not arrange elections for employee representatives, and did not provide information about the dismissals. No case was made that special circumstances rendered compliance not reasonably practicable.
The complaints under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 were declared well founded. The Tribunal made a protective award for each Claimant of remuneration for a protected period of 90 days beginning on 2 December 2022.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award complaint under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to inform and consult about collective redundancies. The judgment awards remuneration for a 90-day protected period but does not state a numeric sum. | Upheld | — | — |
Legal tests applied
6 references- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- section 195 Trade Union and Labour Relations (Consolidation) Act 1992
- The Bakers' Union v Clarks of Hove Ltd [1978] IRLR 366
- In re Hartlebury Printers Ltd and others (in liquidation) [1992] ICR 559
- Susie Radin Limited v GMB [2004] IRLR 400
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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