Case 2603282/2020 · Employment Tribunal
Ms Gemma Grimbley and Miss Claire Treacy v STA Travel Limited (in liquidation) — 2021
- Case reference
- 2603282/2020
- Decision date
- 11 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge P Britton
- Venue
- Nottingham
Parties
2 namedClaimant
Ms Gemma Grimbley and Miss Claire Treacy
Respondent
Key findings
Tribunal's reasoningNo response had been presented, and judgment was entered under Rule 21. The tribunal declared that STA Travel Ltd had failed to comply with Section 188 Trade Union & Labour Relations (Consolidation) Act 1992 and that there had been a wholesale breach of that section.
The tribunal made a protective award covering all salaried staff employed by the respondent, including the claimants at the Leicester branch, as at 2 September 2020 whose employment terminated by reason of redundancy from that date. The protected period was 90 days commencing on 2 September 2020.
Employment Judge Britton explained that, where there had been no consultation, Susie Radin Ltd v GMB suggested starting with the maximum 90-day period and reducing it only if mitigating circumstances justified doing so. No mitigating factors were put forward, and the respondent had not argued that the relevant salaried employees were not part of a single establishment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim for failure to comply with Section 188 Trade Union & Labour Relations (Consolidation) Act 1992; the tribunal made a declaration of a wholesale breach and awarded a 90-day protected period. | Upheld | — | — |
Legal tests applied
3 references- Rule 21
- Section 188 Trade Union & Labour Relations (Consolidation) Act 1992
- Susie Radin Ltd v GMB [1994] ICR 893
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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