Case 1402535/2022 · Employment Tribunal

Mr S Ward and 5 others (as Schedule A) Mr M Przystanski and 26 Others (as Schedule B) Mr T Andrews (and 141 others) v Bournemouth Transport Limited (in Creditors’ Voluntary Liquidation) and 1 other — 2023

Case reference: 1402535/2022
Decision date: 5 December 2023
Jurisdiction: England & Wales
Judge: Employment Judge Gray
Panel members: Mrs Killick, Mr Richardson

Indexed: 21 May 2026

Parties

3 named

Claimant

Mr S Ward and 5 others (as Schedule A) Mr M Przystanski and 26 Others (as Schedule B) Mr T Andrews (and 141 others)

Respondents

Key findings

Tribunal's reasoning

The tribunal sat at Southampton by video on 13 November 2023 before Employment Judge Gray and lay members Mrs Killick and Mr Richardson. The respondent did not attend and was not represented. The judgment records that oral reasons were given at the hearing and that no written reasons would be provided unless requested.

The tribunal held that the complaint that the first respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It made a protective award in respect of the claim group under 1403865/2022, including Unite and the named employees listed in the judgment, and ordered remuneration for a protected period of 90 days beginning on 5 August 2022 for the dismissed employees and 90 days beginning on 29 July 2022 for the 57 employees proposed to be dismissed.

It also made a protective award in respect of the grouped claims of Mr S Ward and 5 others (Schedule A) and Mr M Przystanski and 26 others (Schedule B), ordering remuneration for a protected period of 90 days beginning on 5 August 2022. The claim of Mr Russell Ansell was dismissed on withdrawal. The annex states that the protective-award recoupment provisions apply, but the extracted text does not state a quantified monetary total.

Claims and outcomes

3 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Other	Protective award under section 188 TULR(C)A 1992 for the claim group under 1403865/2022, including Unite and the named employees listed in the judgment. The tribunal ordered remuneration for a protected period of 90 days beginning on 5 August 2022 for those dismissed and 90 days beginning on 29 July 2022 for the 57 employees proposed to be dismissed; no quantified amount is stated in the extracted text.	Upheld	—	—
Other	Protective award for the grouped claims of Mr S Ward and 5 others (Schedule A) and Mr M Przystanski and 26 others (Schedule B). The tribunal ordered remuneration for a protected period of 90 days beginning on 5 August 2022; no quantified amount is stated in the extracted text.	Upheld	—	—
Other	The judgment states that Mr Russell Ansell's claim was dismissed on withdrawal. The extract does not state the underlying legal classification.	Withdrawn	—	—

Legal tests applied

3 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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