Case 2302628/2020 · Employment Tribunal
Claimant v FLYBE Ltd (In Administration) and The Secretary of State for Business, Energy and Industrial Strategy — 2020
- Case reference
- 2302628/2020
- Decision date
- 22 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge K Andrews Date
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThe parties reached agreement on the terms of judgment. The tribunal granted permission for the listed claimants' claims to proceed against Flybe Ltd (In Administration) and lifted the moratorium in relation to those claims.
The tribunal found that the respondent company failed to adequately comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, so the claim for a protective award under section 189 succeeded. It ordered remuneration for the claimants named in the schedule for a protected period of 56 days beginning on 5 March 2020, the date on which the first of the dismissals to which the complaint related took effect.
On insolvency treatment, the judgment states that any payments made by the respondent rather than the Secretary of State pursuant to the judgment would be paid as an unsecured dividend, subject to the normal categories of preferential debts in Schedule 6 of the Insolvency Act 1986. The tribunal made no order as to costs, and each party was to bear its own costs.
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 records success on the protective award claim and orders remuneration for a protected period of 56 days beginning on 05/03/2020, but the extracted text does not state a monetary figure for individual awards. | Upheld | — | — |
Legal tests applied
2 references- section 188 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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