Lee Griffiths Damien Fowler Darren Curzon David Daly Jancek Ganczarski Robert Krystifik Michael Noszczynski v Total Polyfilm Limited (in administration) — 2021

This was a paper hearing before Employment Judge Porter sitting alone. The Tribunal considered the written submission from Thompsons solicitors, the supporting documents including Mr Damien Fowler's witness statement, and the Respondent's Response. Each claimant had been employed at the Respondent's establishment at Unit 95, Seedlee Road, Bamber Bridge, Preston. More than 20 employees worked there, there was no recognised trade union, no employee representatives had been elected, and no arrangements for elections had been made.

The Respondent entered administration and joint administrators were appointed on 18 September 2019. The administrators declared an intention to make all employees redundant immediately, retaining only a few employees to assist with winding down the company. The Tribunal found that more than 20 employees were made redundant at the establishment within a period of 30 days or less, with the first dismissals taking effect on 18 September 2019. Each claimant was dismissed by reason of redundancy as part of that exercise and was an affected employee within section 189(1)(a) and/or section 189(1)(d) of the 1992 Act.

The Tribunal found there had been no consultation before dismissal. It also found there were no special or mitigating circumstances surrounding the insolvency, and none had been demonstrated by the Respondent, which did not advance a special circumstances defence in its ET3. Applying Middlesbrough Borough Council v TGWU & Another and Susie Radin Limited v GMB & Others, the Tribunal held the complaints were well founded and made a protective award for a period of 90 days commencing on 18 September 2019 for each claimant.