J Powell & others v Folkstone Fixings Limited (in administration) — 2025

This was a judgment by consent. The Tribunal recorded that the parties had agreed the terms of an Annexed Judgment by Consent, and the Tribunal made a protective award under section 189(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of the individuals identified in the Schedule who were dismissed by the Respondent as redundant following its administration.

The protected period for each individual in the Schedule was 90 days beginning on the date of the first dismissal at the relevant establishment, described in the Schedule as the first termination date at establishment. The Tribunal noted that the recoupment regulations apply to the protective awards. The award was limited to the employees described in the Schedule, who worked at the Dyna House and H Block establishments and whose effective date of termination fell after 20 September 2024, excluding those who started employment after that date.

The judgment also recorded that CFS Redundancy Payments would write to the listed Claimants within 28 days to confirm the award and explain the process for claiming sums due, including any application to the Redundancy Payments Service. Any part of an award not paid by the RPS would rank as an unsecured creditor claim in the Respondent's administration. The parties agreed that no costs applications would be made arising from the matters covered by the judgment, and the Respondent made no admissions of liability in respect of other claimants or former employees outside the Schedule.