Case 2413632/2020 · Employment Tribunal
Claimant v STA Travel Ltd (In Creditors Voluntary Liquidation) and Secretary of State for Business, Energy and Industrial Strategy — 2021
- Case reference
- 2413632/2020
- Decision date
- 22 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McDonald
Parties
2 namedKey findings
Tribunal's reasoningThe 39 claimants included 35 based at St George's House and 4 at Barton Arcade. The first respondent did not present a response. On the material before the Judge, the Tribunal found that STA Travel Ltd had no recognised trade union or elected representatives, that its business ceased trading on 2 September 2020, that the first redundancies took effect that day, and that all employees at St George's House were dismissed without consultation.
The Tribunal held that the collective consultation duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 applied to St George's House because the respondent employed over 20 employees there, with the total establishment numbered in the region of 100. It found there had been no proper warning, no written information in advance, and no consultation within section 188A. It therefore made a protective award under section 189 in favour of each of the 35 St George's House claimants for the maximum protected period of 90 days beginning on 2 September 2020.
The judgment did not determine the Barton Arcade claimants' position on collective consultation. The Judge said there was an issue whether Barton Arcade was an establishment in its own right or part of a larger virtual establishment and that evidence would be needed to decide it at a preliminary hearing. The judgment also records that the St George's House decision concerned protective awards only, that no financial amount was assessed at this stage, and that any individual payment or dispute would be dealt with separately under section 192 of the 1992 Act. It also set out the recoupment process under the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996, including the respondent's duty to provide employee details to the Secretary of State.
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 is limited to the 35 St George's House claimants; the Barton Arcade claimants were not determined in this decision. No financial quantum was assessed at this stage. | Upheld | — | — |
Legal tests applied
4 references- section 188 TULRCA 1992 collective consultation duty
- section 189 TULRCA 1992 protective award
- section 188A TULRCA 1992 employee representatives
- Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996
Official outcome judgment PDF
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