Case 2300810/2023 · Employment Tribunal
Mr S Simmons v Travel And Financial Services Ltd and 1 other — 2023
- Case reference
- 2300810/2023
- Decision date
- 27 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mr S Simmons
Key findings
Tribunal's reasoningThe Tribunal entered judgment under rule 21 because the first respondent had not presented a response and the Official Receiver confirmed that the protective award claim would not be contested. The Tribunal also found that it was not reasonably practicable for the claimant to issue the claim within three months of termination, and that the claim was issued within a reasonable time thereafter.
The claimant was employed as a Regional Manager. The first respondent employed over 20 employees in the Regional Manager group, went into compulsory liquidation on 23 September 2019, and the claimant was notified that his employment was terminated with immediate effect.
The Tribunal found that there was no proper warning, notice, or consultation with recognised trade unions or the claimant, and that no employee representatives had been elected or appointed for consultation under section 188A. It held that the first respondent breached section 188 of TULRCA 1992 and made a protective award for the maximum protected period of 90 days from 23 September 2019.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under section 189 TULRCA 1992 for failure to comply with collective consultation requirements under section 188. The judgment awards remuneration for a 90-day protected period but gives no monetary figure. | Upheld | — | — |
Legal tests applied
4 references- Employment Tribunals Rules of Procedure 2013 - Rule 21
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 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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