J Powell and Others v A Gomez Ltd (In administration) and The Secretary of State for Business, Trade and Industrial Strategy

Reference numbers 2302258-2024 and others

EMPLOYMENT TRIBUNALS London South Employment Tribunal 30 April 2025 (video) Claimants: Jason Powell and others Respondents: A Gomez Limited (in administration) [R1] The Secretary of State for Business, Trade and Industrial Strategy [R2] Before: Judge M Aspinall (sitting alone as an Employment Judge) Appearances: Mr P OCallaghan, Counsel for Claimants Mr T Fuller, CILex Lawyer for First Responde...

1. This case concerns a collective redundancy dispute between 314 former employees of A Gomez Limited and their former employer. A Gomez Limited, the First Respondent, was a fresh produce supplier providing a widerange of products. The company operated from premises at Coldharbour Lane in Canterbury, Kent. The Second Respondent is the Secretary of State for Business and Trade, joined to these p...

2. A Gomez Limited had experienced a continued downturn in revenue over several years due to a combination of factors including smaller margins, the impact of Brexit, and rising costs of living in the UK making the company less competitive compared to those in other countries. Despite significant financial support from its Spanish parent company, Grupo Hortofructicola Paloma SA ("Paloma"), the ...

3. On 2 November 2023, the First Respondent announced to its workforce that it would be winding down operations, closing the business and ceasing trading. The First Respondent stated that it would begin a collective consultation process in accordance with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 ("TULRCA"). As there was no recognised trade union within the bu...