Loscoe Chilled Foods has gone into administration

Published on : 19th June, 2024
Categories:
cow

Derbyshire meat factory, Loscoe Chilled Foods has gone into administration, with all its 120 employees made redundant. 

 

This follows an investigation from the National Food Crime Unit, over how UK supermarket chain Booths may have been supplied with mislabelled, pre-packed sliced meat, back in 2021. When officers from the Food Standards Agency and police went on an unannounced visited to the factory, they found that meat allegedly sourced from South America and Europe had been labelled as British (note that here there is no suggestion that any of the company’s meats were unsafe to consume). Three people were arrested on this visit and immediately the firms BRC food safety accreditation was withdrawn.

Customers of its cooked meats ended up cancelling orders, resulting in the company running out of money to keep going.

Derbyshire Live shared a letter that was sent to staff by Ian Brooks, personnel manager:

“I wanted to provide you with an update following my recent announcement that staff would be temporarily laid off as a result of customers withdrawing orders, following the suspension of our BRC certificate. While the business had hoped to find a buyer so that it could keep operating, this has not proven to be possible as of yet. Therefore, it is with regret that I must inform you that Loscoe Chilled Foods Limited is entering into administration. This means that the business is closing and that, with effect from Friday, March 24, 2023, all roles within the business will be made redundant. I appreciate that this is not the news that you wanted or needed to hear. On a personal level, I wanted to tell you how very sorry I am and to thank you all for your dedication and service to the business. That has certainly not been unappreciated, and it has been a pleasure to work with you all over the years. I wish you and your families all the very best for the future.”

Readers Guide To the Administration Process

As Loscoe enters formal insolvency, stakeholders often face significant uncertainty. Here is a breakdown of the legal framework and what it means for those affected.

1. What is a “Basic” Administration?

Administration is a powerful statutory process governed by the Insolvency Act 1986. It is triggered when a company is insolvent and can no longer meet its debts. An independent Licensed Insolvency Practitioner (IP) is appointed to take control from the directors. A key feature is the statutory moratorium—a legal “shield” that instantly stops all legal actions, such as winding-up petitions or bailiff visits, providing the “breathing space” needed to rescue the business or achieve a better result for creditors than immediate closure.

2. Who Gets Paid First?

The law dictates a strict hierarchy for the distribution of funds. Fixed charge holders (typically banks with security over property) are paid first. Once the administrator’s fees are covered, preferential creditors are next; this includes employees (for specific arrears) and HMRC for taxes like VAT and PAYE. Following these are floating charge holders, and finally, unsecured creditors—which include trade suppliers and customers—who are at the back of the queue and frequently receive only a small fraction of their debt.

3. What Happens to Employees?

Entering administration does not mean all jobs are instantly lost. For the first 14 days, the administrator assesses the company’s viability and may make redundancies. If a member of staff is kept on past this 14-day window, the administrator “adopts” their contract, meaning their ongoing wages and rights become a priority expense. Those made redundant can claim for unpaid wages and notice pay via the Redundancy Payments Service if the company has insufficient assets to cover these costs.

4. What About Suppliers and Customers?

Suppliers and customers are generally unsecured creditors. Suppliers should stop granting credit under old agreements and negotiate “pro-forma” (upfront) terms for any new supply to the administrator. For customers, deposits and gift cards are rarely honoured. However, those who paid over £100 via credit card may be protected under Section 75 of the Consumer Credit Act and should contact their bank immediately to initiate a claim.