Case 2406100/2022 · Employment Tribunal

Miss L Whalley v Lancaster Packing Ltd (in Creditors Voluntary Liquidation) — 2022

Case reference: 2406100/2022
Decision date: 20 December 2022
Jurisdiction: England & Wales
Judge: Employment Judge Phil Allen

Indexed: 21 May 2026

Parties

2 named

Claimant

Miss L Whalley

Respondent

Lancaster Packing Ltd (in Creditors Voluntary Liquidation)

Key findings

Tribunal's reasoning

Miss Whalley brought a claim for a protective award arising from collective consultation obligations. No response was presented by Lancaster Packing Ltd, and the judgment was issued under Rule 21. The tribunal found that the respondent was placed into creditors voluntary liquidation on 22 August 2022, that there was no evidence of a recognised trade union or elected employee representatives for consultation, and that Miss Whalley was dismissed with immediate effect on 5 August 2022 together with the other employees, with no information, warning, notice, or consultation. The tribunal found that the establishment employed about 30 employees and that more than 20 were dismissed on or around the same date.

The tribunal held that the respondent breached section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award under section 189 for the maximum protected period of 90 days. The judgment records the protected period as beginning on 5 August 2022 in the operative paragraph, while the reasons state it commenced on 22 August 2022. The judgment also states that the claimant's other claims were dismissed on withdrawal and that the listed hearing for 23 February 2023 would not now proceed. The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 were stated to apply.

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 does not quantify remuneration. The operative paragraph says the 90-day protected period begins on 5 August 2022, while the reasons state it commenced on 22 August 2022.	Upheld	—	—

Legal tests applied

5 references

Official outcome judgment PDF

Gov.uk primary record

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