Case 2600599/2019 · Employment Tribunal
1. Unite the Union & 17 others 2. Mr C Cannon 3. Mr K Kafno 4. Mr G Pulford v Hallam Plastics Ltd (in administration) and 1 other — 2019
- Case reference
- 2600599/2019
- Decision date
- 29 July 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brewer Representation
- Venue
- Nottingham
Parties
3 namedClaimant
1. Unite the Union & 17 others 2. Mr C Cannon 3. Mr K Kafno 4. Mr G Pulford
Key findings
Tribunal's reasoningThe Tribunal dismissed the claims of Mr Kafno and Mr Pulford after they did not attend the hearing, having previously been warned that non-attendance could lead to dismissal under rule 47. Mr Cannon's claim was also dismissed because his normal time limit expired on 23 December 2018, his claim was presented on 13 March 2019, and the Tribunal found no basis to extend time or allow him to rely on Unite's claim form.
The Tribunal found that Unite was the recognised trade union for shop floor workers at Hallam Plastics Ltd. The workforce had been told that administrators had been appointed, and Unite contacted the administrator before the redundancies, reminding him of the collective consultation obligations and offering to meet.
On 24 September 2018 staff were told they were being made redundant with immediate effect and that the business was closing. The Tribunal found that the required information had not been provided to Unite and that no collective consultation had taken place, so there was no basis for reducing the protective award from 90 days' pay per employee. It also accepted evidence that employees with more than five years' service had a contractual right to four weeks' contractual redundancy pay.
Claims and outcomes
4 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 |
|---|---|---|---|---|
| Trade union | Unite's claim for a protective award succeeded for the claimants listed in Schedule 1, with awards based on 90 days' pay per relevant employee. | Upheld | — | £81,996 |
| Redundancy | Claims for enhanced redundancy payments succeeded for the claimants listed in Schedule 2. | Upheld | — | £18,920 |
| Trade union | Mr Cannon's protective award claim was dismissed because it was presented out of time and he could not rely on the Unite claim form. | Dismissed | — | — |
| Other | The claims of Mr Kafno and Mr Pulford were dismissed under rule 47 after they did not attend the final hearing; the judgment does not clearly identify the specific claims they pursued. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £100,916
- across all upheld claims
Legal tests applied
4 references- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- Susie Radin Ltd v GMB [2004] IRLR 400
- rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- rule 3(1)(a) of the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014
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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