Case 1602232/2020 · Employment Tribunal
Mr S Botley and Mr L Canning v STA Travel Limited (in liquidation) — 2021
- Case reference
- 1602232/2020
- Decision date
- 3 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brace Appearances
Parties
2 namedClaimant
Mr S Botley and Mr L Canning
Respondent
Key findings
Tribunal's reasoningThe claimants claimed a protective award alleging breach of collective consultation requirements after STA Travel Limited ceased trading and their employment was terminated. The respondent did not present a response and did not attend the hearing. The tribunal found there had been no proper warning or consultation with the workforce and no employee representatives had been elected or appointed for consultation.
The tribunal considered whether the duty to consult under s.188(1) Trade Union and Labour Relations (Consolidation) Act 1992 was engaged, which required the proposed redundancies to meet the relevant number of dismissals at one establishment. The claimants worked at the Cardiff branch, which had five employees and had its own sales targets, leads, branch figures, and branch management responsibilities.
The tribunal concluded that the Cardiff branch was a separate establishment and that the claimants were assigned to that establishment, rather than to the regional team or a wider unit. Because the proposal to dismiss as redundant affected fewer than 20 employees at that establishment, the duty to consult did not arise and the claims for a protective award were dismissed as not well-founded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claim for a protective award in respect of alleged breach of collective consultation requirements under s.188 Trade Union and Labour Relations (Consolidation) Act 1992. Classified as other because the locked taxonomy has no specific protective award or collective redundancy consultation category. | Dismissed | — | — |
Legal tests applied
4 references- s.188(1) Trade Union and Labour Relations (Consolidation) Act 1992
- Rockfon A/S v Specialarbejderforbundet I Danmark 1996 ICR 673 ECJ
- USDAW and anor v Ethel Austin Ltd and ors 2015 ICR 675
- establishment
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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