(1) Mr Christopher Pinion (3300210/2022) (2) Mr Paul Tickner (3300239-3300241/2022) (3) Ms Alyson Tropeano (3300822-3300823/2022) v 316 Engineering Limited (in Administration) and 1 other — 2021

The tribunal found that the claimants worked at a single establishment and that there was no recognised trade union. It also recorded that the first respondent did not submit a Response, although the administrator consented to the claims proceeding, and the tribunal heard evidence from the claimants and considered written submissions from the second respondent.

On the facts before it, the tribunal found that the first respondent failed to organise the election of employee representatives and consult with them in accordance with sections 188 and 188A of TULRCA. It also found that the respondent failed to provide the information required by section 188(4) and failed to consult as required by sections 188(1) and (2).

The tribunal therefore declared the claims under section 189 of TULRCA well founded and made a protective award in favour of the claimants. The protected period was 90 days beginning on 3 December 2021.

The judgment states that a protective award is a two-stage process and that no financial award is made at this stage. The claimants must seek payment of their individual awards separately, and any failure to pay, or dispute about the amount payable, would be dealt with under a further claim under section 192 of TULRCA. The Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 were held to apply to the awards.