Case 2401066/2021 · Employment Tribunal

Mr S A Sileshi & others (see attached schedule) v STA Travel Limited (in liquidation) and 1 other — 2021

Case reference: 2401066/2021
Decision date: 24 September 2021
Jurisdiction: England & Wales
Judge: Employment Judge McDonald

Indexed: 18 May 2026

Parties

3 named

Claimant

Mr S A Sileshi & others (see attached schedule)

Respondents

Key findings

Tribunal's reasoning

The claimants were employed by STA Travel Limited and were made redundant on 2 September 2020. The judgment records that there was no consultation before the redundancies and that the claimants sought protective awards under s.189 TULRCA for alleged breach of the consultation duty in s.188 TULRCA. Although some claim forms ticked other boxes, the Tribunal understood the claims to be only for protective awards, with other payments having been resolved by the Redundancy Payments Service.

All claims were brought outside the usual three-month time limit, even allowing for early conciliation. For the February 2021 early conciliation claimants, the Tribunal found that evidence was needed about what they knew or should have known about the right to claim a protective award, including information allegedly provided by ERA Solutions Limited. For the 2020 early conciliation claimants other than Mr Orrell, evidence was also needed about their stated reasons for not presenting claims sooner.

Mr Orrell's claim was struck out. The Tribunal found from his own account that he knew about the right to bring a claim and the process for doing so, had received notice by 5 November 2020 that his earlier claim had been rejected, and had not identified an impediment to presenting a second claim before the 1 December 2020 deadline. The other claimants' claims were not struck out and were to be listed for a preliminary hearing on time limits.

Claims and outcomes

2 findings recorded

This 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
Other	Mr Domonic Orrell's protective award claim under s.189 TULRCA was struck out because it was presented outside the relevant time limit and the Tribunal found no reasonable prospect of him showing that it was not reasonably practicable to present it in time.	Struck out	—	—
Other	The other listed claimants' protective award claims under s.189 TULRCA were not struck out. The Tribunal directed that they proceed to a preliminary hearing on the time limit issue; no final merits outcome was decided.	Other	—	—

Legal tests applied

8 references

Official outcome judgment PDF

Gov.uk primary record

The 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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