Case 2500493/2023 · Employment Tribunal

Mr R Brown (1) Mr S Orpen (2) Mr I Marshall (3) v MOLD Systems (Europe) Limited — 2023

Case reference: 2500493/2023
Decision date: 18 July 2023
Jurisdiction: England & Wales
Judge: Employment Judge Arullendran Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr R Brown (1) Mr S Orpen (2) Mr I Marshall (3)

Respondent

MOLD Systems (Europe) Limited

Key findings

Tribunal's reasoning

The claimants submitted their ET1 on 16 March 2023. The respondent entered administration on 28 November 2022, and the administrator later wrote to the Tribunal on 11 May 2023 saying the moratorium could be lifted so the claims could proceed but that no claim would be admitted or defended. Because no response was received, the Tribunal entered judgment without a hearing under Rule 21.

The Tribunal found that on 28 November 2022 the administrators told the claimants the business was closing and that they were dismissed with immediate effect, with the first dismissal taking effect on that date and the last on 30 November 2022. It found that 26 employees were dismissed as redundant between those dates. There was no proper warning or consultation with a recognised trade union or with the claimants, and no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act.

The Tribunal held that the claims under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 were well founded and ordered a protective award for the maximum protected period of 90 days beginning on 28 November 2022. It also recorded that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply, and that the respondent must provide the Secretary of State with the prescribed information before payment under the award is made.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Other	Protective award claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188 collective consultation duties; the judgment ordered remuneration for a 90-day protected period beginning on 28 November 2022 but did not quantify a monetary sum.	Upheld	—	—

Legal tests applied

5 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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.

Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.