Mr J Dalladas & 20 others (see Appendix) v 1) Bournemouth Transport Limited (in Creditors’ Voluntary Liquidation) 2) Secretary of State for Business and Trade ( — 2023

This judgment concerned multiple former employees of Bournemouth Transport Limited (in creditors' voluntary liquidation) who sought protective awards under the Trade Union and Labour Relations (Consolidation) Act 1992 following their redundancy in August 2022. A protective award had previously been made on 13 November 2023 by Employment Judge Gray, and these claimants (the majority bus drivers represented by Unite at the depot) brought claims under s.192 on the basis that they were covered by that award but had not been paid. The principal issue was whether their claims, presented between March and December 2024, had been brought within a reasonable further period after the 13 November 2023 judgment, applying the guidance in Howlett Marine Services Ltd v Bowlam.

In respect of case 1401434/2024 specifically, the tribunal found that Mr Jason Dalladas was within the scope of the protective award made on 13 November 2023 and that his s.192 claim was well-founded. The first respondent was ordered to pay him £9,838.44. The Secretary of State for Business and Trade was joined as a Rule 95 interested party but neither supported nor resisted the claims; the liquidators of the first respondent did not object to the claims proceeding and took no active part.

In the wider judgment, the tribunal upheld claims by three other claimants (Hugh Cordeiro, Amanda Jones and Richard Turnbull) and dismissed the remaining claims on the basis that they were not presented within a reasonable further period, so the tribunal lacked jurisdiction to consider them.