Mr T Broome and others (see schedule attached) v M & A Pharmachem Limited (in administration) — 2024

The Tribunal entered judgment under Rule 21 because no response was presented. It found that the claimants named in the attached schedule brought claims for a protective award arising from the respondent's failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The respondent had gone into administration on 27 January 2022, the claimants were told they were or would be deemed redundant with immediate effect, and the dismissals took effect without consultation.

The Tribunal found that the respondent carried on business in Westhoughton, Bolton, that approximately 93 employees were employed at the establishment, and that all were dismissed on or around the same date. It found there was no proper warning or notice, no consultation with the claimants or with employee representatives, and no employee representatives had been elected or appointed for the purposes of section 188A. On that basis it held that the respondent was in breach of section 188 and that the claims were well founded.

The Tribunal made protective awards under section 189 in respect of each claimant named in the schedule and ordered remuneration for the maximum protected period of 90 days beginning on 27 January 2022. The judgment records that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply, and it explains that payment is subject to the recoupment process. It also states that this was a two-stage process and that no financial award was quantified at this stage, with any later dispute about payment to be pursued under section 192 of TULRCA.