Case 3300346/2024 · Employment Tribunal
Mrs S Luke v Amyris UK Trading Ltd (In creditors voluntary liquidation) — 2024
- Case reference
- 3300346/2024
- Decision date
- 4 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Alliott Date
Parties
2 namedClaimant
Mrs S Luke
Key findings
Tribunal's reasoningThe proceedings were about claims for a protective award under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in relation to redundancies at the respondent's London and remote establishment. At a case management preliminary hearing on 1 November 2024, Mr Molyneux told the tribunal that there were elected employee representatives, namely Kia Gorton, Jessica Marsden, Kristine Nicolopoulos and Alina Kwan.
The tribunal held that, in the circumstances and pursuant to s.189(1)(b), only those four named representatives were entitled to bring a complaint seeking a declaration and a protective award. It therefore dismissed all the other claims listed in the judgment. The tribunal found that the representative claimants were employed at the same establishment and were made redundant on 18 December 2023.
On the merits of the collective consultation claim, the tribunal found that twenty or more employees at the establishment were placed at risk of redundancy on 1 December 2023 and that the respondent failed to consult for the minimum period of 30 days, so it had failed to comply with section 188. The tribunal said a protective award may be made for up to 90 days, that a protective award is punitive, and that the respondent had begun consultation which ran for 18 days rather than failing to consult at all.
Taking that into account, the tribunal considered it just and equitable to award a protected period of 72 days. The extracted judgment text records that the Recoupment Regulations apply, but it does not set out a monetary total in the text supplied here.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under section 188 TULRCA 1992 succeeded for the four elected employee representatives identified by the tribunal: Kia Gorton, Jessica Marsden, Kristine Nicolopoulos and Alina Kwan. The tribunal made a protected period of 72 days and stated that the Recoupment Regulations apply; the extracted judgment text does not specify a monetary sum. | Upheld | — | — |
| Other | All remaining claims were dismissed because, under s.189(1)(b) TULRCA 1992, only the four named elected representatives were entitled to bring the complaint seeking a declaration and protective award. | Dismissed | — | — |
Legal tests applied
2 references- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.189(1)(b) Trade Union and Labour Relations (Consolidation) Act 1992
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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