Case 2400931/2020 · Employment Tribunal
Unite the Union v Aviator MAN Ltd (in creditor’s voluntary liquidation) and 1 other — 2021
- Case reference
- 2400931/2020
- Decision date
- 26 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dunlop Date
Parties
3 namedClaimant
Unite the Union
Key findings
Tribunal's reasoningThe Tribunal recorded that the claimant and first respondent consented to disposal of the claim on the stated terms under Rule 64 of the Employment Tribunal Rules of Procedure 2013. The Secretary of State was joined as statutory guarantor only, had been served with the relevant documents, and stated that it neither supported nor resisted the claims.
The Tribunal declared that Aviator MAN Ltd failed in its duty to consult employee representatives under section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. It made a protective award for employees dismissed as redundant on or after 22 October 2019 who were of a description in respect of which Unite the Union was recognised, including the listed affected employees, requiring payment of remuneration for a protected period of 90 days beginning on 22 October 2019.
The Tribunal stated that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied to the award and made no order as to costs. It also noted that it had no power to order the Secretary of State to notify affected employees of the protective award, but recorded that arrangements had been agreed between the parties for notification.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under section 188 Trade Union & Labour Relations (Consolidation) Act 1992. The judgment was made on consent between the claimant and first respondent under Rule 64; the second respondent was joined as statutory guarantor only and neither supported nor resisted the claim. | Upheld | — | — |
Legal tests applied
3 references- Rule 64 Employment Tribunal Rules of Procedure 2013
- section 188 Trade Union & Labour Relations (Consolidation) Act 1992
- Employment Protection (Recoupment of Benefits) Regulations 1996
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.