Mrs J Collins v Llangollen Railway plc (in administration) and 1 other — 2022

The Claimant’s claim for accrued but untaken holiday was not determined on the merits. At the outset of the hearing she confirmed that that claim had been settled by agreement, and the tribunal dismissed it on withdrawal.

The remaining issue was a protective award complaint under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal found that the First Respondent, which operated a heritage railway from three nearby sites in Llangollen, employed 27 workers there and that the operation was run from the general office. It held that the three sites together constituted one establishment for the purposes of section 188, applying the authorities it cited on the meaning of an establishment.

The tribunal found that the Claimant and all other employees were dismissed by reason of redundancy on 26 March 2021, or in any event that proposals to dismiss by redundancy had arisen no later than 25 March 2021. It found that no trade union was recognised, no employee representatives were appointed or elected, and no person had authority to receive information and be consulted on behalf of the affected employees. No information was provided and no consultation took place. No special circumstances defence was advanced by the First Respondent.

Applying Susie Radin Ltd, the tribunal concluded that the failure to consult was complete and that the protected period should be the full 90 days. It ordered the First Respondent to pay the Claimant remuneration for that protected period beginning on 26 March 2021. The judgment does not record a monetary amount for that award in the extracted text.