Advanced Biofuel Solutions Ltd (In Creditors Voluntary Liquidation) and The Secretary of State for Business Energy and Industrial Strategy

& 27 Others 1 of 16 EMPLOYMENT TRIBUNALS Claimant: Mr M Nowakowski & 27 Ors Respondent 1: Advanced Biofuel Solutions Limited (In Creditors Voluntary Liquidation) Respondent 2: The Secretary of State for Business Energy and Industrial Strategy Heard at: by CVP from the Bristol Employment Tribunal On: 13 February 2026 Before: Employment Judge Woodhead Appearances For the Claimants: Mr Harthan (Counsel) For the First Respondent: Not in attendance For the Second Respondent: Not in attendance JUDGMENT WITH REASONS 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 in respect of Claimants 1-17 and 19-26 as listed in the Schedule to this judgment (“the Protected Claimants”). 2. The claims for a protective award are not well founded in respect of Ms J Greener (Claimant 27) and Mr O Chesser (Claimant 18) and are dismissed. 3. The Tribunal makes a protective award in respect of the Protected Claimants who worked at the First Respondent’s establishment at Unit a4, Marston Gate, Stirling Road, South Marston Industrial Estate, Swindon, SN3 4DE and who were dismissed as redundant on or after 16 March 2025 and declares that the employer shall pay remuneration for a protected period of 90 days which begins on 16 March 2025. The Recoupment Regulations apply. & 27 Others 2 of 16 REASONS The hearing 4. For this hearing I was provided with: 4.1 A bundle of 50 pages 4.2 Witness statements for all of the Claimants except Claimant 27. 5. Mr Moisejevs gave evidence at the hearing and, having heard submissions from Counsel for the Claimants, I deliberated and gave an oral judgment and reasons. Notwithstanding that I gave reasons at the hearing, I nonetheless set out those reasons in writing below. The law Duty of employer to consult 6. Chapter II of the Trade Union and Labour Rela...