Mr M Nowakowski & 27 Ors Respondent 1: Advanced Biofuel Solutions Limited (In Creditors Voluntary Liquidation) Respondent 2: The Secretary of State for Business Energy and Industrial Strategy v Not in attendance For the Second Respondent: Not in attendance — 2026

The Tribunal found that the First Respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The protective award claim succeeded for Claimants 1-17 and 19-26, who were employed at the Swindon establishment and dismissed as redundant on or after 16 March 2025.

The Tribunal accepted evidence that there was no recognised trade union or standing body of elected representatives, that the Protected Claimants were not given an opportunity to elect employee representatives, and that there was no consultation with appropriate representatives. It made a protective award requiring remuneration for a protected period of 90 days beginning on 16 March 2025.

Claimant 27's claim was dismissed because she provided no witness statement and the Tribunal found no evidential basis for a protective award. Claimant 18's claim was dismissed because the Tribunal was not satisfied that he worked at the Swindon establishment and there was no evidence of a proposal to dismiss 20 or more employees within 90 days at the London office.