Case 3301772/2024 · Employment Tribunal
Ms M Tucker & Others Mr S Iliffe & Others Mr J Bell & Other v Tingdene Homes Ltd (In Liquidation) and 1 other — 2024
- Case reference
- 3301772/2024
- Decision date
- 30 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Foxwell Date
Parties
3 namedClaimant
Ms M Tucker & Others Mr S Iliffe & Others Mr J Bell & Other
Key findings
Tribunal's reasoningThe Tribunal found that the claimants were employed at the same establishment at 45-49 Bradfield Road, Finedon Road Industrial Estate, Wellingborough, and were made redundant on or after 5 December 2023. It found that there was no recognised trade union or elected employee representatives at the establishment, and that 20 or more employees were made redundant or placed at risk of redundancy on or within 90 days of 5 December 2023.
The Tribunal found that the claimants were dismissed during that period without any consultation having taken place. It held that the first respondent had failed to comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992, so the claim for a protective award succeeded.
The Tribunal made a protective award for the claimants who worked at the Wellingborough establishment and were dismissed as redundant on or after 5 December 2023. It ordered the employer to pay remuneration for a protected period beginning on 5 December 2023 and lasting 90 days, with the Recoupment Regulations applying.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The judgment describes the claim as a claim for a protective award for failure to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. No monetary sum is specified; the award is remuneration for a 90-day protected period. | Upheld | — | — |
Legal tests applied
3 references- section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992
- section 189(5)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992
- protective awards are punitive and should be for the maximum period unless there are circumstances making it just not to do so
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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