Case 2600909/2024 · Employment Tribunal
Claimant v S & J European Haulage Ltd – (in Administration) and The Secretary of State for Trade and Industry — 2024
- Case reference
- 2600909/2024
- Decision date
- 3 December 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkinson Date
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThis was a judgment by consent in which the tribunal recorded that, for the claimants listed in Schedule A, the respondent had failed to adequately comply with the consultation requirement in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal therefore held that the claim for a protective award under section 189 of that Act succeeded.
The judgment states that the claimants' redundancies were made within a 90-day period at one single establishment following the appointment of joint administrators, and that the financial position of the company was the context for the redundancies. The tribunal ordered payment of remuneration for a protected period of 90 days beginning on 26 March 2024, the date on which the first dismissal to which the complaint related took effect.
The order also provides that, subject to the normal categories of preferential debts in Schedule 6 of the Insolvency Act 1986, any payments made by the company rather than the Secretary of State pursuant to the judgment would be paid as an unsecured dividend. The tribunal made no order as to costs, and directed that the Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous) Regulations 2013 apply to the award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment was made by consent and records that the claim succeeds for the claimants listed in Schedule A. | Upheld | — | — |
Legal tests applied
3 references- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
- Rule 64 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
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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