S Joyce and Others v Fablink (Evenwood) Ltd in Administration: 2500187/2025 and Others

EMPLOYMENT TRIBUNALS
Case No 2500187/2025, 2500333/2025, 2500383/2025, 2500526/2025, 2501559/2025
Stuart Joyce GMB Trade Union & others Daniel Grainger & others Paul MetcalfeClaimantFablink (Evenwood) Ltd in Administration Interested Party: Secretary of State for Business and TradeRespondent
Employment Judge ChildeDate 29 June 2026

JUDGMENT

[1]The Tribunal orders the respondent, by way of protective award under section 189(3) of the 1992 Act, to pay a protective award equivalent to remuneration for the period of 90 days beginning on 7 January 2025 to:- 1.1. all individual claimants listed in Schedule A to this judgment who worked at the respondent’s site at Evenwood and who were dismissed as redundant between 7 January and 31 January 2025; and 1.2. all employees covered by the collective bargaining agreement between GMB and the respondent, who worked at the respondent’s site at Evenwood, and who were dismissed as redundant between 7 January and 31 January 2025, which includes but is not limited to those employees referred to in Schedule B. For the avoidance of doubt, the relevant collective bargaining agreement covered all hourly paid employees up to and including Team Leaders but excluding Supervisors, Office Employees, Managers, and Personal Contract Holders employed at the respondent's sites at Evenwood and Tursdale.[2]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to these awards. In each case the protected period is the period of 90 days beginning on 7 January 2025.[3]Subject to the normal categories of preferential debts set out in Schedule 6 of the Insolvency Act 1986, any payments made by the First Respondent (rather than the Secretary of State) pursuant to this Judgment will be paid as an unsecured dividend.[4]The claims of the claimants set out at schedule B are withdrawn.[5]There should be no order as to costs. Approved by: