Mr A Abdalla & 92 others (see schedule v Total Polyfilm Limited (in administration) and 1 other — 2020

The tribunal found that the First Respondent had failed to comply with the collective consultation requirements in sections 188 and/or 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The claimants were employed at either Brighouse or Preston, and at each establishment the First Respondent dismissed more than 20 employees within a period of 90 days or less.

For the employees dismissed with immediate effect on 18 September 2019, the tribunal found there had been no effective collective consultation. It made the same finding for Mr Butterworth and Mr Murphy, who were dismissed between 18 and 24 September 2019. For the nine further claimants who were retained for short periods after 24 September, the tribunal accepted the unchallenged evidence of Mr Utley that he was unaware of any meeting with elected representatives of the remaining retained employees, and therefore found on balance that no such meeting had in fact taken place.

The tribunal also found that the First Respondent had failed to show under section 189(1A) that any representatives purportedly appointed after the administration began on 18 September 2019 were appropriately elected. It therefore held that it had jurisdiction to hear the complaints of the individual claimants retained after 24 September 2019. The tribunal concluded that there was no reason for the protective award period to be less than 90 days, and each claimant was awarded a protective award for a period of 90 days from 18 September 2019.