Swallowtail Print Ltd (In Administration) and Secretary of State for Business and Trade

Case Summary

Unite the Union and individual members brought claims for protective awards following redundancies at Swallowtail Print Limited without adequate consultation. The tribunal found the first respondent failed to comply with section 188 requirements of the Trade Union & Labour Relations (Consolidation) Act 1992. A protective award was made for 90 days' remuneration for all affected employees dismissed on or after 26 June 2025.

The first respondent failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 by failing to carry out any or any adequate consultation with employees prior to dismissing 20 or more employees as redundant. The tribunal applied the principle that protective awards are punitive and should be for the maximum period of 90 days unless there are circumstances making it just not to do so.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Failure to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992
• •Protective award for failure to consult on redundancies
• •Mass redundancy without adequate consultation

– 3306497/2025 3305413/2025 EMPLOYMENT TRIBUNALS Claimant: Unite the Union & Others (see attached schedule) Respondent: 1. Swallowtail Print Limited (In Administration) 2. Secretary of State for Business & Trade 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 puni…