Mr G Clayden v STA Travel Limited (in liquidation) and 1 other — 2021

The claimant brought a claim for a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992, saying that the first respondent failed to comply with section 188 consultation requirements when handling redundancies. The tribunal held that the claim succeeded.

Although the claim was presented out of time, the tribunal was satisfied that it was not reasonably practicable to present it within the statutory time limit and that it was reasonable to present it by 8 March 2021. The claimant was dismissed by reason of redundancy on 2 September 2020, and the tribunal found that he and the other salaried employees were employed at a single establishment where the first respondent proposed to dismiss 20 or more employees within 90 days or less.

The tribunal found that the first respondent had completely failed to comply with the consultation requirements of section 188. It made a protective award for the claimant, with a protected period of 90 days from 2 September 2020 to 1 December 2020, noting that no mitigating factors had been put forward to justify reducing the maximum period.