Mr M Bismilla and Others v Sleep Factory Ltd (In Creditor’s Voluntary Liquidation): 1808087/2025 and Others

EMPLOYMENT TRIBUNALS

Case No 1808087/2025

Between

Mr M Bismilla and OthersClaimant

Sleep Factory Ltd (In Creditor’s Voluntary Liquidation)Respondent

Before

Employment Judge S Edwards

In person for claimant

Not represented for respondent

Date 13 May 2026

JUDGMENT

[1]The claimants are entitled to bring these claims because the complaint concerns a failure by the respondent relating to the election of employee representatives, and the claimants were employees dismissed as redundant. There was no recognised trade union for the purposes of collective bargaining.

[2]The respondent failed to comply with the requirements of section 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.

[3]The respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less.

[4]It is declared that the claim for a protective award is well-founded.

[5]A protective award is made in respect of the claimant and 20 others as set out in the attached schedule.

[6]The claimants were employed at Enterprise Works, St Oswalds Place, Ossett, West Yorkshire, WF5 9JT and were all dismissed on 12th September 2025.

[7]The protected period begins on 12th September 2025 and is for a period of 90 days, it being just and equitable to make the maximum award because of the complete failure to comply with the statutory requirements for collective consultation.

[8]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply. Employment Judge Edwards 13th May 2026 Schedule Case Number Claimant Name 1808087/2025 Mr Mohammed Bismilla 1808088/2025 Mr Tahira Mahmood 1808089/2025 Ms Hayley Odonnell 1808090/2025 Mr Anthony Newsome 1808091/2025 Mr Cosmond Walters 1808092/2025 Mr Hafiz Nawaz 1808093/2025 Ms Karolina Celij 1808094/2025 Mr Mohammed Shabeer 1808095/2025 Mr Mohammed Amin 1808096/2025 Mr Mohammed Asam Bashir 1808097/2025 Mr Muhammad Idrees 1808098/2025 Mr Musharraf Khan 1808099/2025 Mr Nabeel Zahir 1808100/2025 Ms Nadeem Khan 1808101/2025 Mr Naeem Khan 1808102/2025 Mr Naveed Ahmed Butt 1808103/2025 Ms Serena Dixon 1808104/2025 Mr Usman Ayub 1808105/2025 Mr Usman Zahir 1808437/2025 Mr Naeem Khan 1808438/2025 Mr Jamil Zaidi