Case 1802070/2020 · Employment Tribunal
Ms J Dunn and others, see schedule v Superbreak Mini-Holidays Limited (In administration) — 2020
- Case reference
- 1802070/2020
- Decision date
- 11 August 2020
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Ms J Dunn and others, see schedule
Key findings
Tribunal's reasoningThe tribunal found that the claims for a protective award had not been presented within the primary time limits in section 189(5)(a) and (b) of the Trade Union and Labour Relations (Consolidation) Act 1992, but it was not reasonably practicable for the claimants to present them within that period and the claims were presented within a reasonable period afterwards. It therefore treated the claims as in time.
On the merits, the tribunal held that the claims for a protective award were well founded because the respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It recorded that the respondent had dismissed the claimants as redundant on 1 August 2020 and that no case had been made that special circumstances made compliance not reasonably practicable.
The tribunal made a protective award in favour of the claimants named in the schedule for a protected period of 90 days. The judgment states that the protected period commenced on 1 August 2019, although that date is inconsistent with the dismissal date recorded elsewhere in the same judgment. No monetary figure for the award is stated in the judgment text.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award claim under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment states that the protected period commenced on 1 August 2019 and lasted 90 days, which is inconsistent with the same judgment's statement that the dismissals took effect on 1 August 2020. | Upheld | — | — |
Legal tests applied
5 references- not reasonably practicable
- reasonable period thereafter
- s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- s.189(5)(a) and (b) of the Trade Union and Labour Relations (Consolidation) Act 1992
- special circumstances
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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