Case 2414597/2019 · Employment Tribunal
Mr G Ackers & others (See Schedule) v Premiere Handling Ltd (In Creditors Voluntary Liquidation) — 2020
- Case reference
- 2414597/2019
- Decision date
- 27 April 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Parkin Date
Parties
2 namedClaimant
Mr G Ackers & others (See Schedule)
Key findings
Tribunal's reasoningThe claimants presented claims on 15 November 2019 seeking a protective award for breach of the collective consultation requirements. The respondent did not present a response and wrote on 20 February 2020 that it did not resist the claims. The tribunal therefore determined the matter under Rule 21 without a hearing, relying on the papers and in particular the witness statement of Mr R Maxwell.
The tribunal found that Premiere Handling Ltd carried on an aircraft dispatch and ground handling business at Terminal 1, Manchester Airport, employing at least 84 employees. The claimants were members of Unite the Union, but there was no independent trade union recognised for collective bargaining, consultation or negotiation, and no employee representatives had been elected or appointed under s.188A of the Trade Union and Labour Relations (Consolidation) Act 1992. By summer 2019 the respondent was in financial difficulty, wages for June 2019 were only partly paid, the claimants were not rostered after 5 July 2019, and they were dismissed for redundancy by letter dated 16 August 2019 before the company entered creditors’ voluntary liquidation on 22 August 2019.
On those facts the tribunal found that no collective information and consultation of any kind had been carried out, so the respondent was in breach of s.188 of the 1992 Act. Under s.189, it made protective awards in favour of each claimant named in the schedule for the maximum protected period of 90 days beginning on 16 August 2019. The judgment also recorded that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 applied and set out the respondent’s obligations to provide employee details to the Secretary of State for recoupment purposes.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under s.189 TULRCA 1992 for failure to comply with collective consultation obligations under s.188; award made in favour of each claimant named in the schedule for a 90-day protected period beginning on 16 August 2019. | Upheld | — | — |
Legal tests applied
5 references- Rule 21, Employment Tribunals Rules of Procedure 2013
- s.188 TULRCA 1992
- s.188A TULRCA 1992
- s.189 TULRCA 1992
- Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) 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
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