Mr A Derbyshire and Others v Tree of Life UK Ltd (In Administration): 1308944/2022 and Others

EMPLOYMENT TRIBUNALS
Case No 1308944/2022, 1308945/2022, 1308946/2022, 1308947/2022, 1308948/2022, 1308949/2022, 1308950/2022, 1308951/2022, 1308952/2022, 1308953/2022
(1) Mr A Derbyshire (2) Mr E Kapsalos (3) Ms G Leese (4) Ms J Astbury (5) Ms J Adeniji (6) Ms K Kirby (7) Mr M Pugh (8) Mr M Bridgewood (9) Mr R Exton (10) Mr RA JebsonClaimantTree of Life UK Limited (In Administration)Respondent
Employment Judge DimbylowDate 3 September 2024

JUDGMENT

Employment Tribunals Rules of Procedure 2013-Rule 21(1) The claims were issued in the Midlands West Employment Tribunals on 8 November 2022. The Administrators for the respondent consented to the proceedings on 9 February 2023. The respondent has failed to present a valid response on time. Employment Judge Dimbylow has decided that the determination can properly be made of the claims, in accordance with Rule 21 of the Rules of Procedure.(2) The complaint that the respondent failed to comply with the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well-founded. More than 20 employees were made redundant by the respondent within a 90-day period at one establishment.(3) I make a protective award in respect of all employees of the respondent at its premises at: Lymedale Business Park, Coaldale Road, Newcastle-under-Lyme ST5 9QX, who were dismissed as redundant on 23 August 2022 and order the respondent to pay those employees remuneration for the protected period of 90 days beginning on 23 August 2022. The dismissals were over a period, and I declare that each employee is entitled to an award in respect of 90 days, irrespective of the date of termination of their employment.(4) I have attached an annex to this judgement concerning recoupment of benefits. 1 of 2 Case Numbers: 1308944/2022, 1308945/2022, 1308946/2022, 1308947/2022, 1308948/2022, 1308949/2022, 1308950/2022, 1308951/2022, 1308952/2022 & 1308953/2022 Signed by