Case 2501654/2023 · Employment Tribunal

GMB Trade Union v ITEC Packaging (Chester le Street) Limited “In Administration” — 2023

Case reference: 2501654/2023
Decision date: 22 November 2023
Jurisdiction: England & Wales
Judge: Employment Judge Arullendran Representation
Venue: Newcastle CFCTC

Indexed: 23 May 2026

Parties

2 named

Claimant

GMB Trade Union

Respondent

ITEC Packaging (Chester le Street) Limited “In Administration”

Key findings

Tribunal's reasoning

The Employment Tribunal, sitting remotely on 22 November 2023 before Employment Judge Arullendran, amended the respondent’s title to add “In Administration” and found that the respondent had failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1982. The claim was brought by GMB Trade Union and no attendance was entered for the respondent.

The tribunal made a protective award under section 189(3) of the 1992 Act. The award was expressed as a payment equivalent to remuneration for a protected period of 90 days beginning on 6 April 2023, and it applied to the respondent’s shop floor or factory floor employees for whom the claimant had a recognition agreement, who were employed at the Chester-le-Street site and who were dismissed as redundant on or after 6 April 2023.

The judgment also recorded that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1986 applied to the awards. It directed the respondent to comply with Regulation 6 of the 1996 Recoupment Regulations by supplying the Secretary of State with the employee’s name, address and national insurance number, and the date of termination of employment.

The tribunal further stated that the respondent would not be required to make payment under the protective award until it had received a recoupment notice from the Secretary of State, or notification that no such notice would be served. No separate monetary figure was stated in the judgment.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Trade union	The tribunal found the claim under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1982 was well founded and made a protective award under section 189(3) for a 90-day period beginning on 6 April 2023. The award was framed for qualifying shop floor or factory floor employees with a recognition agreement, employed at the Chester-le-Street site and dismissed as redundant on or after 6 April 2023, but the judgment did not state a single global 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.

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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