In Person v Kingstown Furniture Limited (In Administration) — 2020

The claimant brought a claim for a protective award under ss.188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 after Kingstown Furniture Limited went into administration on 13 March 2019. He entered ACAS conciliation on 13 December 2019 and issued the claim on 2 February 2020. The tribunal found the claim had not been presented within the statutory time limit.

The claimant said he had been a driver for about 10 years, had little contact with colleagues, and was not told by the administrator that he could claim a protective award. He said he only contacted ACAS after his sister told him, at the end of 2019, about a Hull Daily Mail article referring to former employees receiving protective awards. The tribunal accepted that he had a difficult time after losing his job, including physical and mental health difficulties in the context of financial problems, but found that his health issues did not prevent him from finding out about his legal rights.

Applying s.189(5) TULRCA 1992 and authorities on the reasonably practicable time-limit test, the tribunal held that ignorance of rights had to be reasonable and that the claimant could reasonably have taken steps to find out about his rights. The claimant knew there was a Citizens Advice Bureau in Hull, had been told about government and universal credit claims, and was not deceived by the administrator. The tribunal concluded it was reasonably practicable to present the protective award claim in time, so the claim was dismissed. No remedy was awarded.