Mrs L Terry v Food Innovations (Manufacturing) Limited (In administration) and 1 other — 2024

The claimant’s complaint was that the first respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal first held that the claim had been presented outside the applicable time limit, but that it was not reasonably practicable to present it in time and that it had been brought within a further reasonable period, so the claim was allowed to proceed.

On the merits, the tribunal found that there were no recognised trade unions or employee representatives, the claimant and colleagues worked at one establishment in Nottingham, and the first respondent went into administration on 12 September 2022. More than 50 employees were employed at the Nottingham premises, no consultation took place with the claimant, and on 12 September 2022 the staff were told that the respondent was in administration and that they were redundant with immediate effect.

The tribunal also found that there were no special circumstances that would reduce the protective period. In those circumstances it was satisfied that a protective award should be made in respect of each claimant, and that 90 days was the appropriate period. The judgment orders the first respondent to pay the claimant remuneration for the 90-day protective period beginning on 12 September 2022.