Claimant v Adelie Foods Bidco Ltd (In Administration) and others — 2021

This was a Rule 64 consent judgment in the Birmingham Employment Tribunal. The tribunal recorded that all remaining claims against Adelie Foods Bidco Limited (In Administration) were dismissed on withdrawal, all claims against Samworth Brothers Limited were dismissed on withdrawal, and the remaining claims brought by Mr Meirion Gravell and Mr Allan Stirling against Adelie Foods Limited (In Administration) were dismissed on withdrawal. The order also stated that it did not apply to the separate claims brought by Karl Clohessy, Nasir Mohammad, and M.G. Vilcu, and it made no order for costs or fees.

For the claimants named in Schedule 2, the tribunal held that Adelie Foods Limited (In Administration) had failed to comply adequately with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. Their protective award claim under section 189 therefore succeeded. The tribunal ordered remuneration for a protected period of 90 days beginning on 1 June 2020, being the date on which the first of the dismissals to which the complaint related took effect.

The tribunal also dismissed on withdrawal all claims of failure to inform and consult under regulations 15 and 16 of TUPE 2006 and all unfair dismissal claims. It dismissed on withdrawal the statutory redundancy pay claims, notice pay claims, holiday pay claims, and claims for arrears of pay and any other payments, subject to the order preserving specified claims for certain named claimants against Adelie Foods Limited and the Secretary of State for Business, Energy and Industrial Strategy, which were not determined in this judgment. The text provided did not quantify the protective award in money terms.