Mrs A Griffin and Others v Virtuoso Doors Ltd (in administration): 1400950/2025 and Others

EMPLOYMENT TRIBUNALS

Case No 1400950/2025

Between

Mrs A Griffin and othersClaimant

Virtuoso Doors Ltd (in administration)Respondent

Date 7 July 2026

JUDGMENT

[1]The claim was presented in the Bristol Employment Tribunal on 14 March 2025. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 22 of the Rules of Procedure.

[2]The claimants’ complaints under section 189 of the Trade Union and Labour Relations Consolidation Act 1992 (‘the 1992 Act’) of a failure by the respondent to comply with the requirements of section 188 of the 1992 Act are well founded.

[3]The Tribunal orders the respondent by way of a protective award under section 189(3) of the 1992 Act to pay to the claimants a payment equivalent to renumeration for the period of 90 days beginning on 18 December 2024 to employees of the respondent who were employed at Unit 13, Follingsby Close, Follingsby Park, Gateshead, NE10 8YG. and who were dismissed by reason of redundancy on 18 December 2024.

[4]The Recoupment Regulations apply.

[5]The hearing on 27 July 2026 is vacated.

REASONS

[1]The claimants made a complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 on the ground that the respondent failed to comply with a requirement of section 188 of the 1992 Act in respect of their dismissals.

[2]The respondent has not presented a response to the claims.

[3]The respondent’s administrators have given consent for the claims to continue.

[4]I have decided that a determination can be properly made of that complaint on the available material. I am satisfied of the following:a. As at 18 December 2024, the respondent was proposing to dismiss as redundant, within a period of 90 days or less, 20 or more employees who were assigned to carry out their duties at the respondent’s site at Unit 13, Follingsby Close, Follingsby Park, Gateshead, NE10 8YG (‘the site’);

b. The claimants were employees of the respondent who may be affected by the proposed dismissals. They were assigned to carry out their duties at the site;

c. For the purposes of section 188 of the 1992 Act, the respondent’s site was either an establishment in itself or it was part of a unit constituting an establishment;

d. The respondent was required to consult about the dismissals all the persons who were appropriate representatives of any of the employees who may be affected by the proposed dismissals or may be affected by measures taken in connection with those dismissals: s.188;

e. The claimants were not employees of a description in respect of which an independent trade union was recognised by the respondent;

f. There were not employee representatives elected by the affected employees, for the purposes of section 188 in an election satisfying the requirements of section 188A(1). The respondent did not invite the affected employees to elect such representatives;

g. The claimants are entitled to make a complaint under s.189 of the 1992 Act on the ground that the respondent failed to comply with a requirement of s.188;

h. The respondent failed to comply with the requirements of s.188 in respect of the claimants’ dismissals;

i. The respondent has not shown that there were special circumstances which rendered it not reasonably practicable for the employer to comply with any requirement of s.188;

j. Each of the complaints were presented to the Tribunal within the period of 3 months beginning with the date on which the claimants’ dismissals took effect (taking into account section 292A).

[5]The claimants’ complaints pursuant to s.189 are well founded. I have determined that it is appropriate to make a protective award under s.189.

[6]In determining the length of protected period, I have had regard to the seriousness of the employer’s default in complying with the requirements of s.188 and borne in mind guidance given in the case of GMB v Susie Radin Ltd

[2004] EWCA Civ 180

[7]I am satisfied on the material available that this is a case where there has been no consultation at all in relation to the proposed dismissals and there are no mitigating circumstances. Therefore, it is just and equitable that the length of the protected period should be a maximum of 90 days. Approved by: Employment Judge Jeram 7 July 2026 Schedule of Claimants Case Number Claimant Name 1400950/2025 Mrs Andrea Louise Griffin 1400951/2025 Mr Alexsy Stafford 1400952/2025 Mr Andrew Stephenson 1400953/2025 Mr Andrzej Bozek 1400954/2025 Mrs Anna Benka 1400955/2025 Mr Antony Ditch 1400956/2025 Mr Anthony Minns 1400957/2025 Mr Barry Malcolm Walker 1400958/2025 Mr Carl Panton 1400959/2025 Mr Christopher Richards 1400960/2025 Mrs Corrine Thynne 1400961/2025 Mr David Andrew Softley 1400962/2025 Mr David John Anderson 1400963/2025 Mr David Paul Edington 1400964/2025 Mr David Sheini 1400965/2025 Mr Ian Kasher 1400966/2025 Mr Jamie Barnes 1400967/2025 Mr Karl Foster 1400968/2025 Mrs Katarzyna Agnieszka Kajrowicz 1400969/2025 Mr Kenneth Dale 1400970/2025 Miss Leeann Coghlan 1400971/2025 Ms Leanne McGough 1400972/2025 Mr Liam Conrad Blair 1400973/2025 Mrs Louisa Galey 1400974/2025 Mrs Lucy Bradley 1400975/2025 Mr Lukasz Komenda 1400976/2025 Mr Mark Cairns 1400977/2025 Mr Mark Davenport 1400978/2025 Mr Mark Kingston 1400979/2025 Miss Marta Paczkowska 1400980/2025 Mr Martin Philip Cockman 1400981/2025 Mr Martin Guy 1400982/2025 Mrs Marzena Maciejewska 1400983/2025 Mr Matthew Softley 1400984/2025 Mr Michael Greame Cockman 1400985/2025 Mr Mitchell Barry Turnbull 1400986/2025 Mrs Naomi Timmons 1400987/2025 Miss Neave Sandra-Anne Iley 1400988/2025 Mr Neil Matthews 1400989/2025 Mr Paul Andrew Carr 1400990/2025 Mr Paul Elliot Ord 1400991/2025 Mr Paul Owen McHale 1400992/2025 Mr Peter Charles Stewart 1400993/2025 Mr Peter James Ingle 1400994/2025 Miss Rebecca Mcfadyen 1400995/2025 Ms Regina Rogalska 1400996/2025 Mr Richard William Neave 1400997/2025 Mr Rasheed Ridwan Onadeji 1400998/2025 Mr Robert James Ward 1400999/2025 Mr Ryan Bradley 1401000/2025 Mr Scott Michael Davenport 1401001/2025 Mr Sean Charlton 1401002/2025 Mr Sean Edward Craig 1401003/2025 Mr Stephen Martyn Anderson 1401004/2025 Mr Stephen Ord 1401005/2025 Miss Vicky Constant