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 namedClaimant
1) Mr Daniel O’Byrne 2) Mr Steven Pannell 3) Mr Lewis Harrocks
Respondent
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 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Protective award under s.189 TULRCA for failure to consult about collective redundancies; 90 days at week's pay £607.62 (12.86 weeks) for First Claimant Mr Daniel O'Byrne. Section 192 TULRCA enforcement also upheld. | Upheld | — | £7,814 |
| Wrongful dismissal | Breach of contract in relation to notice pay for First Claimant: outstanding two weeks' notice pay subject to deductions for tax and NI. | Upheld | — | £1,215 |
Remedy
Monetary award- Total award
- £9,029
- across all upheld claims
Legal tests applied
7 references- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.189 Trade Union and Labour Relations (Consolidation) Act 1992
- s.190 Trade Union and Labour Relations (Consolidation) Act 1992
- s.192 Trade Union and Labour Relations (Consolidation) Act 1992
- Susie Radin Ltd v GMB and ors [2004] ICR 893
- Independent Insurance Co Ltd v Aspinall [2011] ICR 1234
- Harford v Secretary of State for Trade and Industry
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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