Mr R Wakeling, Solicitor For the First v Freshways Dairystix Ltd (In Voluntary Creditors’ Liquidation) and 2 others — 2020

The tribunal heard a protective award claim brought by 27 claimants. It accepted evidence from Mrs Katheryn Pollard and a statement from Mrs Maria Triston, noted that no one attended for the first respondent, and recorded that the second respondent had provided written submissions. The first respondent, Freshways Dairystix Limited, manufactured packaged dairy products at Holland Road, Langage Business Park, Plympton, Plymouth.

The tribunal found that approximately 17 employees were dismissed as redundant on 19 July 2018 and approximately 30 more on 26 July 2018, making 47 redundancies in total. It found there was no recognised independent trade union, no elected employee representatives, and no adequate consultation before the dismissals. Applying section 188 of TULRCA, the tribunal held that the respondent had failed to comply with the statutory consultation requirements for proposals to dismiss 20 or more employees at one establishment within 90 days or less.

On that basis, the tribunal made a protective award for all 27 claimants listed on the schedule, who were dismissed as redundant on 19 July 2018 or 26 July 2018. It ordered remuneration for a protected period of 90 days beginning on the relevant dismissal date, and stated that each employee was entitled to an award for 90 days irrespective of the date their employment ended. The first respondent entered voluntary creditors' liquidation on 21 August 2018.

The tribunal also dealt with remaining claims for breach of contract, unfair dismissal, accrued but unpaid holiday pay, and failure to issue a written statement of particulars of employment. Those claims were dismissed upon withdrawal by the claimants, subject to the tribunal's direction that the dismissal would take effect 21 days after the judgment was sent unless written representations were received before then.