Case 1401526/2023 · Employment Tribunal
Claimant v Sussex Clubs For Young People Ltd (in Creditors’ Voluntary Liquidation) and Secretary of State for Business Energy and Industrial Strategy — 2023
- Case reference
- 1401526/2023
- Decision date
- 6 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Pirani Date
Parties
2 namedKey findings
Tribunal's reasoningThe claims were brought by Ms K Chadwick, Mr J Matthews, Mr D Murray and Mr J Glen under section 192(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, on the basis that the employer had failed to pay a protective award. The First Respondent did not present a response, and the tribunal entered judgment under Rule 21.
The tribunal found that the named claimants were employed by the First Respondent and had been dismissed by reason of redundancy starting on 5 March 2020. It held that the First Respondent had failed to adequately comply with section 188 of the 1992 Act, so the claim for a protective award under section 189 succeeded.
The tribunal ordered the First Respondent to pay remuneration to the claimants named in the schedule for a protected period of 90 days beginning 5 March 2020. It also recorded that the claimants had been informed on 2 March 2023 that payments would not be made, and that the claims were brought within three months of the failure to pay remuneration. The Employment Protection (Recoupment of Benefits) Regulations 1996 were stated to apply to the award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal ordered remuneration for a 90-day protected period beginning 5 March 2020, but the judgment does not state a split or individual monetary amount. | Upheld | — | — |
Legal tests applied
5 references- Rule 21
- s.192(1) TULR(C)A 1992
- s.188 TULR(C)A 1992
- s.189 TULR(C)A 1992
- Employment Protection (Recoupment of Benefits) Regulations 1996
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
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