Case 1303196/2018 · Employment Tribunal
Miss K Allen Mr R Johnson Mrs L Worn v Carillion Services Limited (In Compulsory Liquidation) & Others — 2021
- Case reference
- 1303196/2018
- Decision date
- 20 December 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Franey JUDGMENT
- Venue
- Manchester
Parties
2 namedClaimant
Miss K Allen Mr R Johnson Mrs L Worn
Key findings
Tribunal's reasoningThis short preliminary judgment concerned three cases arising out of the insolvency of the respondent companies. The claims were for a protective award. The respondent contended that each claimant worked at an establishment with fewer than 20 employees, so the duty to consult collectively did not arise.
By letter dated 22 November 2021, the tribunal warned the claimants that the claims were liable to be struck out unless they confirmed the basis on which they said the collective consultation duty arose. None of the claimants replied or sought a hearing to make representations.
The tribunal therefore struck out the protective award claims under rule 37(1)(a) on the basis that they had no reasonable prospect of success. No financial award was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim. The tribunal struck out the claim under rule 37(1)(a) after the respondent said the claimants worked at an establishment with fewer than 20 employees and the claimants did not respond to the tribunal's letter asking them to identify the basis on which the collective consultation duty was said to arise. | Struck out | — | — |
Legal tests applied
2 references- rule 37(1)(a)
- no reasonable prospect of success
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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