Mr D Ashley and others v Loscoe Chilled Foods Ltd (in Administration) and Secretary of State for Business, Energy & Industrial Strategy: 2601362/2023

EMPLOYMENT TRIBUNALS

Case No 2601362/2023

Between

Mr D Ashley and othersClaimant

(1) Loscoe Chilled Foods Limited (in Administration) (2) Secretary of State for Business, Energy & Industrial StrategyRespondent

Before

Employment Judge McTigue sitting alone

Mr P Harthan (instructed by Counsel) for claimant

Date 2 May 2024

JUDGMENT

[1]Mr Steven Ross was appointed joint administrator of the First Respondent and confirmed on 9 June 2023 that he does not object to the claim continuing.

[2]No response has been presented to this claim by the First Respondent. The Secretary of State is an interested party and is the Second Respondent in these proceedings. The Tribunal has considered the written submissions of the Second Respondent before reaching its decision.

[3]This is a single claim made by all the Claimants contained in the attached schedule (“the Claimants”). The Claimants were employed by the First Respondent. The First Respondent failed to organise the election of employee representatives and to consult the Claimants in accordance with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULCRA”).

[4]The Employment Tribunal declares that the First Respondent has failed to comply with its obligations under section 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 and makes a protective award under section 189 of that Act in favour of the Claimants contained in the attached schedule for a period of 90 days starting on the 20 March 2023.

[5]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to this award.