Case 1400801/2024 · Employment Tribunal
Mr T Cookson and others (as set out in schedule attached) v Formaplex Technologies Limited (in administration) and 1 other — 2025
- Case reference
- 1400801/2024
- Decision date
- 16 April 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Curtis Representation
Parties
3 namedClaimant
Mr T Cookson and others (as set out in schedule attached)
Key findings
Tribunal's reasoningThe tribunal was satisfied that the administrator had given permission for the claim against Formaplex Technologies Limited, in administration, to continue. It was also satisfied that there was no appropriate representative for the purposes of s.188(1B) TULRCA 1992.
The tribunal found that more than 20 employees worked at the Voyager Park South, Hazleton Interchange, and Northarbour Road sites, and that it was proposed that 20 or more employees would be made redundant at each of those sites on 26 January 2024. It found that fewer than 20 employees worked at the Dakota Business Park site, so s.188(1) TULRCA 1992 did not apply to that site.
Five listed claims were dismissed. The remaining claimants' claims that the First Respondent failed to consult pursuant to s.188 TULRCA 1992 succeeded, and the First Respondent was ordered to pay remuneration for a protected period from 26 January 2024 to 25 April 2024.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claims by the claimants other than those listed as dismissed were found well founded for failure to consult pursuant to s.188 Trade Union and Labour Relations (Consolidation) Act 1992. A protective award was made for a 90-day protected period. | Upheld | — | — |
| Other | The claims of Mr Elliot Stanton, Mr James Flenley, Mr Jesus Macchia Gallardo, Mr Liam O'Neill and Mr Artur Madej were dismissed. | Dismissed | — | — |
Legal tests applied
3 references- s.188(1B) Trade Union and Labour Relations (Consolidation) Act 1992
- s.188(1) Trade Union and Labour Relations (Consolidation) Act 1992
- ss.189-191 Trade Union and Labour Relations (Consolidation) Act 1992
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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