Mrs D Lambert & Others (see schedule) v Purogenix Limited (in administration) Interested Party: Secretary of State for Business, Energy and Industrial Strategy — 2019

The Claimants brought claims for a protective award arising from redundancies that occurred on 04 June 2018. The Respondent entered administration on the same date and the joint administrators filed a Response confirming that they did not defend the claims. The Secretary of State for Business, Energy and Industrial Strategy was joined and also entered a Response.

The Tribunal accepted the Claimants' statement of truth evidence that the Respondent did not recognise an independent trade union for the Claimants, there were no elected employee representatives for general consultation or specifically for the redundancies, and that 20 or more employees were dismissed from one establishment within a period of 90 days. The Claimants also confirmed the employer's name and single address and that the first redundancies took place on 04 June 2018.

The Tribunal recorded that it had received no pleading of special circumstances and no pleading that the employer had undertaken as much consultation as was reasonably practicable. Having regard to the seriousness of the default, it held that it was just and equitable to make a protected award of 90 days beginning on 04 June 2018.