(1) Mr A Hobbs (2) Mr D Richards (3) Mr D Bowers v Kern Ltd (In Creditors Voluntary Liquidation) and 1 other — 2024

The Tribunal found that the claimants were employed by Kern Ltd at its Fareham, Hampshire premises, which was the respondent's only workplace or establishment. After a group meeting on 28 July 2023, they received letters stating that the company was insolvent and that their employment would end on 31 July 2023. They were dismissed on 31 July 2023, and the company entered creditors voluntary liquidation on 24 August 2023.

The Tribunal found that the entire workforce of 21 employees was made redundant on 31 July 2023. No trade union was recognised, no workplace representatives had been elected, and the First Respondent failed to undertake any or any adequate consultation with the claimants before dismissal beyond the meeting on 28 July 2023. The First Respondent did not contest the claim, and no special circumstances were demonstrated under section 188(7).

The Tribunal held that the requirements of section 188 were met and that the complaint was well founded. It made a protective award for the claimants, ordering the First Respondent to pay remuneration for a protected period of 90 days beginning on 31 July 2023. The recoupment provisions did not apply.