Unite the Union and Others v Swallowtail Print Ltd (In Administration) and Secretary of State for Business and Trade: 3306476/2025 and Others
JUDGMENT
(1) The first respondent has failed to comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. The claim for a protective award succeeds.(2) The Tribunal makes a protective award in respect of the claimant’s members set out in the schedule attached who worked at the first respondent’s establishment at 2 Drayton Industrial Estate, Taverham Road, Norwich, Norfolk NR8 6RL and who were dismissed as redundant on or after 26 June 2025 that the employer pay remuneration for the protected period which begins on 26 June 2025 and is for a period of 90 days. The Recoupment Regulations apply.REASONS
[1]The claimant’s members were employed at the same establishment at 2 Drayton Industrial Estate, Taverham Road, Norwich, Norfolk NR8 6RL (“the establishment”) and were made redundant on or after 26 June 2025. 2. 20 or more employees at the establishment were made redundant or placed at risk of redundancy, on or within 90 days of 26 June 2025.[3]The claimants were dismissed during this period without any, or any adequate consultation having taken place.[4]The last of the dismissals occurred on 26 June 2025, so all the claims have been presented within the time limit contained in section 189(5)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992.[5]The first respondent, which is in administration, has not filed a response to the claim. The second respondent has been copied into the proceedings as statutory guarantor.[6]There is no reason to depart from the principle that protective awards are punitive and should be for the maximum period unless there are circumstances making it just not to do so. Approved by: Regional Employment Judge Foxwell Date 7 May 2026