Case 2408181/2022 · Employment Tribunal
Miss R Carter & others Mrs J Hunter & others v Food Innovations (Manufacturing) Limited (In administration) and 1 other — 2024
- Case reference
- 2408181/2022
- Decision date
- 18 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Benson Representation
Parties
3 namedClaimant
Miss R Carter & others Mrs J Hunter & others
Key findings
Tribunal's reasoningThe tribunal first dismissed the duplicate claim brought by Miss R Carter under case number 2408182/2022 on withdrawal. The substantive complaint was the first respondent's alleged failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
On the evidence of Miss R Carter, the tribunal found that there were no recognised trade unions or employee representatives, the claimants were employed at one establishment in Cheadle, Manchester, and the first respondent went into administration on 12 September 2022. It found that more than 30 employees were employed at the premises, that no consultation took place, and that on 12 September 2022 the claimants and all other staff were told that the respondent was in administration and they were redundant with immediate effect.
The tribunal also found that there were no special circumstances which would reduce the protective period. It therefore held the section 188 complaint to be well founded and made a protective award in respect of the claimants named in the schedule, fixing the protected period at 90 days beginning on 12 September 2022. The judgment does not quantify a monetary total for the award in the text provided.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Duplicate claim by Miss R Carter under case number 2408182/2022 dismissed on withdrawal. | Withdrawn | — | — |
| Other | Complaint under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992; the tribunal made a protective award for 90 days beginning on 12 September 2022, but no monetary sum was quantified in the judgment text. | Upheld | — | — |
Legal tests applied
2 references- section 188 TULRCA 1992
- special circumstances
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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