Case 3202184/2023 · Employment Tribunal
1) Mr Daniel O’Byrne 2) Mr Steven Pannell 3) Mr Lewis Harrocks v Luxtripper Ltd (in administration) — 2024
- Case reference
- 3202184/2023
- Decision date
- 6 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge G. King Members
- Panel members
- Mrs G. McLaughlin, Ms A. Berry
Parties
2 named1) Mr Daniel O’Byrne 2) Mr Steven Pannell 3) Mr Lewis Harrocks
Key findings
Tribunal's reasoningThe Tribunal, sitting as Employment Judge G. King with members Mrs G. McLaughlin and Ms A. Berry, granted a declaration that the respondent Luxtripper Ltd (in administration) had failed to comply with s.188 TULRCA's collective consultation requirements when it dismissed over 60 employees at one establishment on 27 October 2023 without warning, consultation, recognised union or elected employee representatives. The Respondent did not submit a response and offered no special circumstances defence under s.189(6) TULRCA. Following Susie Radin Ltd v GMB the tribunal made a protective award for the maximum protected period of 90 days beginning 27 October 2023, with no mitigating factors to justify reduction. The s.192 TULRCA complaints of failure to pay remuneration under the protective award were also well-founded and the tribunal set out the amounts due in Schedule 1: £7,813.93 for the First Claimant Mr O'Byrne (week's pay £607.62), with separate amounts for the Second and Third Claimants attaching to their respective case references. The First Claimant's breach of contract claim for two weeks' outstanding notice pay was also upheld at £1,215.23. Recoupment applies to the protective award; the prescribed period is 27 October 2023 to 25 January 2024. The claimants are unlikely to recover full amounts given the respondent's insolvency and Insolvency Service caps.
Claims and outcomes
2 claims adjudicated| Claim type | Outcome | Protected characteristic | Award |
|---|---|---|---|
| Redundancy | Upheld | — | £7,814 |
| Wrongful dismissal | Upheld | — | £1,215 |
Legal tests applied
7 referencesRemedy
Monetary award- Total award
- £9,029
Source document
Primary recordThe full judgment is available 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.