Case 1805301/2020 · Employment Tribunal
Claimant v Roanza Solutions Ltd and others — 2021
- Case reference
- 1805301/2020
- Decision date
- 20 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge JM Wade
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe judgment was issued under Rule 21 on the papers by Employment Judge JM Wade. It struck out Mr L Gravill's claim, case no. 1802705/2021, because it was presented out of time and ACAS conciliation had not been commenced within the period needed to extend time. The reasons record that the claim was presented on 28 April 2021, ACAS conciliation took place on 27 to 28 April 2021, and a letter dated 13 May 2021 invited reasons against strike-out or a request for a hearing; none were provided.
For the claimants listed in the attached schedule, the tribunal found that each had contacted ACAS before 13 December 2020 and had presented their claims within the required period under section 189(5) of the Trade Union and Labour Relations (Consolidation) Act 1992. There were no responses from any respondent, the Secretary of State was neutral, and the administrator had given consent for a protective award claim only to proceed against the first respondent.
The tribunal held that the first respondent had failed adequately to comply with section 188 of the 1992 Act, so each scheduled claimant succeeded in a protective award claim under section 189 against the first respondent only. The judgment ordered remuneration for a protected period of 90 days beginning on 7 September 2020, being the date on which the first dismissal to which the complaint related took effect. The reasons also note that the recoupment regulations may apply.
Claims and outcomes
18 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Mr L Gravill (case no. 1802705/2021) was struck out because the claim was presented out of time and ACAS conciliation was not commenced within the relevant three-month period; after a letter dated 13 May 2021 inviting reasons or a hearing request, none were provided. | Struck out | — | — |
| Trade union | Mr M Robinson: protective award claim succeeded under sections 188 and 189 TULRCA 1992 against the first respondent only; the protected period was 90 days from 7 September 2020. | Upheld | — | — |
| Trade union | Mr D Williams: protective award claim succeeded under sections 188 and 189 TULRCA 1992 against the first respondent only; the protected period was 90 days from 7 September 2020. | Upheld | — | — |
| Trade union | Mr T Farooq: protective award claim succeeded under sections 188 and 189 TULRCA 1992 against the first respondent only; the protected period was 90 days from 7 September 2020. | Upheld | — | — |
| Trade union | Mr C Copeland: protective award claim succeeded under sections 188 and 189 TULRCA 1992 against the first respondent only; the protected period was 90 days from 7 September 2020. | Upheld |
Legal tests applied
4 references- Rule 21
- section 188 TULRCA 1992
- section 189 TULRCA 1992
- section 189(5) 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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