S Hope and others (see schedule) v Salford and Trafford Engineering Group Training Association Limited (In Creditors Voluntary Liquidation) — 2024

The respondent, which is in creditors' voluntary liquidation, failed to present a valid response on time, so Regional Employment Judge Franey determined the claims under rule 21 of the Employment Tribunals Rules of Procedure 2013. The tribunal found the claims for a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 well-founded, holding that the respondent had failed in its duty under section 188 to consult the claimants and their former colleagues, and ordered remuneration for a 90-day protected period starting on 31 May 2024 (the date the first dismissal took effect). The recoupment regulations were applied.

In addition, individual monetary awards were made to seven of the ten claimants for notice pay damages for dismissal in breach of contract and for unpaid holiday entitlement; no notice or holiday pay awards were made for J B Swift, L O'Toole or P Howarth. The tribunal noted that the amounts awarded were those claimed on the claim form, and that higher amounts subsequently sought in correspondence were not awarded because no permission to amend the claim form had been sought.