Mr J Flowers Mr T Harding Ms J Parsons v Match2 Ltd — 2021

The Tribunal consolidated three claims brought by Mr J Flowers, Mr T Harding and Ms J Parsons against STA Travel Ltd (in Creditors Voluntary Liquidation), with the Secretary of State for BEIS joined in Mr Flowers' case as statutory guarantor. The claims were for protective awards under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992, based on an alleged failure to comply with the collective consultation requirements in section 188. The First Respondent presented no response and did not attend or represent itself; the Secretary of State provided written submissions.

The Tribunal held that the claims of Mr Harding and Ms Parsons had been presented out of time, but it was satisfied that it was not reasonably practicable for them to present within the original time limit and that it was reasonable for Mr Harding to present his claim by 4 February 2021 and for Ms Parsons to present hers by 15 February 2021. It found that all three Claimants were employees of the First Respondent and were dismissed by reason of redundancy on 2 September 2020. The Tribunal was satisfied that the Claimants, together with the First Respondent's other salaried employees, were employed at a single establishment where 20 or more dismissals as redundant were proposed within 90 days or less.

The Tribunal found that the First Respondent had completely failed to comply with section 188. It ordered a protective award in respect of all three Claimants, with a protected period of 90 days beginning on 2 September 2020 and ending on 1 December 2020. It found no mitigating factors justifying any reduction from the maximum period. The judgment also gives the information required for the Employment Protection (Recoupment of Benefits) Regulations 1996, including the hearing date, tribunal location, employer details, the named employees, and the protected period dates.