Case 1801515/2020 · Employment Tribunal
Mr I Axe & others (see attached schedule) v R1) Clugston Construction Limited (in Administration) R2) Clugston Services Limited (in Administration) R3) The Secretary of State for Business, Energy and Industrial Strategy — 2020
- Case reference
- 1801515/2020
- Decision date
- 7 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shepherd Date
Parties
2 namedClaimant
Mr I Axe & others (see attached schedule)
Key findings
Tribunal's reasoningThe judgment was made by consent on a joint application by the claimants, Clugston Construction Limited (in Administration), and Clugston Services Limited (in Administration). The tribunal granted permission for the claims named in the attached schedules to proceed against the first and second respondents and lifted the moratorium in relation to those claims.
On the substantive claim, the tribunal found that the first and second respondents had failed to adequately comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The claim for a protective award under section 189 of that Act therefore succeeded.
The tribunal ordered the first and second respondents to pay remuneration to the claimants named in the attached schedules for a protected period of 56 days beginning on 06/12/2019, which was described as the date on which the first of the dismissals to which the complaint related took effect. The judgment also states that any payments made by the first and second respondents, rather than the Secretary of State, would be paid as an unsecured dividend, subject to the normal categories of preferential debts.
The tribunal made no order as to costs, with each party bearing its own costs in the proceedings.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment orders remuneration for a protected period of 56 days, beginning on 06/12/2019, but does not specify individual or total sums in the text supplied. | Upheld | — | — |
Legal tests applied
2 references- s.188 TULRCA 1992
- s.189 TULRCA 1992
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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