Case 2500845/2021 · Employment Tribunal
Mr P Sibanda v Utility Alliance Limited (in Administration) — 2021
- Case reference
- 2500845/2021
- Decision date
- 22 December 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sweeney Case
- Venue
- Remotely
Parties
2 namedClaimant
Mr P Sibanda
Key findings
Tribunal's reasoningMr Sibanda’s claim was presented on 26 May 2021. The tribunal found that it was not reasonably practicable for him to present his complaint within the three months beginning with 12 February 2021, being the date on which the last dismissal to which the complaint related took effect, and that his presentation of the claim was within a further period that was reasonable.
For all of the claims listed in the schedule, the tribunal held that the complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992, namely that the respondent failed to comply with sections 188 and 188A, was well founded. The respondent was ordered to pay remuneration calculated under section 190 for the protected period.
The protected period was fixed at 90 days, running from 12 February 2021 to 13 May 2021. The judgment states that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply. No single monetary figure or per-claim breakdown is set out in the text provided.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with sections 188 and 188A. The tribunal also found, for Mr Sibanda, that it was not reasonably practicable to present the complaint within the initial three-month period under section 189(1) and that the claim was presented within a further reasonable period. No standalone monetary amount was stated in the judgment. | Upheld | — | — |
Legal tests applied
4 references- section 189(1) Trade Union and Labour Relations (Consolidation) Act 1992
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 190 Trade Union and Labour Relations (Consolidation) Act 1992
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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