(1) Claire Ruff; (2) Rachael Hill; (3) Jessica Mason; (4) Mary Morrison- Davis; (5) Andrew Kerr; and (6) Garry McManus v STA Travel Limited (in liquidation) — 2022

The preliminary hearing considered whether the first four claimants had presented their protective award claims within the three-month time limit under section 189(5) of TULRCA. The parties did not dispute that the effective date of termination was 2 September 2020, so the Tribunal found the claims should have been presented by 1 December 2020, subject to any early conciliation extension.

The Tribunal considered the claim forms, early conciliation certificates, written representations and oral evidence from the four claimants. Each claimant said they had not brought the claim earlier because they were unaware of, or confused about, entitlement to a protective award and only acted after learning about colleagues' claims.

The Tribunal was not satisfied that the claimants had made sufficient effort to make themselves aware of their rights. It found it was reasonably practicable for the claims to have been presented in time, and in Mary Morrison-Davis's case also found that, even if it had not been reasonably practicable, the claim was not presented within a reasonable further period. The Tribunal held it had no jurisdiction to hear the four claims and dismissed them.