Case 2408213/2022 · Employment Tribunal
Mr M Adom Brock & others Ms K Chester & others v Food Innovations (Manufacturing) Limited (In administration) and 1 other — 2024
- Case reference
- 2408213/2022
- Decision date
- 18 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Benson Representation
Parties
3 namedClaimant
Mr M Adom Brock & others Ms K Chester & others
Key findings
Tribunal's reasoningThe Tribunal first recorded that Miss R Carter's claim in case 2408212/2022 was dismissed upon withdrawal. Mr W Mansfield gave evidence for the claimants, the Secretary of State filed grounds of resistance, and no response was filed by the first respondent's administrator, although consent had been given for the protective award claim only to proceed.
On the evidence, the Tribunal found that the claimants worked at one Nottingham establishment, there were no recognised trade unions or employee representatives, the first respondent entered administration on 12 September 2022, and there were more than 50 employees at the Nottingham premises. It found that no consultation took place, that staff were told on 12 September 2022 that the respondent was in administration and were made redundant with immediate effect, and that there were no special circumstances reducing the protective period.
The Tribunal held that the complaint that the first respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It made a protective award in respect of the claimants named in the schedule for 90 days beginning on 12 September 2022, and the judgment set out the recoupment provisions under the Employment Protection (Recoup of Benefits) Regulations 1996.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Miss R Carter's claim under case number 2408212/2022 was dismissed upon withdrawal; the extracted text does not identify the underlying cause of action. | Withdrawn | — | — |
| Trade union | The Tribunal found a failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award of 90 days beginning on 12 September 2022. No individual monetary amount was stated in the judgment. | Upheld | — | — |
Legal tests applied
1 reference- s.188 TULRCA 1992
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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