1. UNITED ROAD TRANSPORT UNION 2. MR C BONSER & OTHERS 3. GRALEY & OTHERS 4. OWEN & OTHERS 5. MALPASS & OTHERS 6. INDIVIDUAL CLAIMANTS LISTED ON THE ATTACHED SCHEDULE v EVCL Chill Limited (in administration) and 3 others — 2024

This was a judgment by consent in claims brought by the United Road Transport Union and individual claimants against EVCL Chill Limited, EVCL One Limited, EVCL Two Limited and EVCL Three Limited, all in administration. The tribunal recorded that the respondents had previously traded as EVCL Cargo Logistics / NFT Distribution Limited, that joint administrators were appointed on 24 September 2021, and that the claimants listed in the schedule were employees of the respondents. It found that the claimants were dismissed by reason of redundancy on various dates between 27 September 2021 and 29 October 2021.

The tribunal found that the respondents did not fully inform and consult the claimants in accordance with s.188 and s.188A of the Trade Union and Labour Relations (Consolidation) Act 1992. On the s.189 complaint, it made a protective award in favour of the employees listed in the attached schedule and ordered remuneration for a protected period of 90 days beginning on each claimant’s redundancy date. It also recorded that any sums not paid by the Redundancy Payments Service would rank as ordinary unsecured claims in the administration, that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 applied, and that each party would bear its own costs and fees.