Community Union and others v Tillery Valley Foods Ltd (in Administration) and Secretary of State for Business and Trade: 1601497/2023 and others
JUDGMENT
[1]The First Claimant’s complaint, under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“Act”), of a failure by the First Respondent to comply with the requirements of section 188 of the Act, is well-founded.[2]All employees employed by the First Respondent at the point at which it entered into administration, 17 May 2023, were employees of a description in respect of which the First Claimant was recognised by the First Respondent.[3]The First Respondent is ordered to pay all employees employed by it at the point at which it entered into administration, all of whom were dismissed by reason of redundancy, a protective award equivalent to remuneration for the protected period of 90 days beginning on 17 May 2023.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply, and the First Respondent needs to be aware of, and comply with, the recoupment provisions set out in the Appendix to this Judgment..[5]As we concluded that all employees dismissed by the First Respondent were of a description in respect of which the First Claimant was recognised, all other individual claims, brought by the Second to Fifth Claimants, are dismissed.