Case 2500638/2023 · Employment Tribunal
Mr D Adair & Others (See attached schedule) v HENDERSON SITE SERVICES LIMITED (in administration) and 1 other — 2024
- Case reference
- 2500638/2023
- Decision date
- 15 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Loy Date
Parties
3 namedClaimant
Mr D Adair & Others (See attached schedule)
Key findings
Tribunal's reasoningBy consent of the claimants and the First Respondent, the Tribunal entered judgment under Rule 64 after reading their joint application. The Tribunal recorded that, before entering administration, Henderson Site Services Limited failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992.
The claimants' claim for a protective award under section 189 of TULRCA succeeded. The Tribunal made a protective award of 90 days beginning on 16 January 2023, identified as the date on which the first dismissal to which the complaint related took effect. The judgment recorded that the Recoupment Regulations apply.
The claimants understood that the First Respondent did not have funds to pay unsecured debts and that recoverable compensation was likely to be limited to that payable by the Redundancy Payments Service. The claimants confirmed that no costs application was made against the First Respondent.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim brought under section 189 of TULRCA following alleged failure to comply with section 188 collective consultation obligations. The locked taxonomy has no specific protective award category, so classified as other. | Upheld | — | — |
Legal tests applied
5 references- Employment Tribunals Rules of Procedure 2013 Rule 21
- Rule 64 of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations
- section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992
- section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992
- Recoupment Regulations
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
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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