Case 3303308/2024 · Employment Tribunal
Mr S Albaradura & Others v W.H. BARLEY (Transport and Storage) Limited (In Administration) and 1 other — 2024
- Case reference
- 3303308/2024
- Decision date
- 9 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Foxwell Date
Parties
3 namedClaimant
Mr S Albaradura & Others
Key findings
Tribunal's reasoningThe claimants were employed at the respondent's establishment at Furnace Lane, Nether Heyford, Northamptonshire. The tribunal found that there were no elected employee representatives or recognised trade union at the establishment, that 20 or more employees were made redundant or placed at risk of redundancy within 90 days of 22 December 2023, and that the claimants were dismissed during that period without any consultation taking place.
On those facts, the tribunal held that the respondent had failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and that the protective award claim succeeded. It made a protective award for the claimants who worked at the establishment and were dismissed as redundant on or after 22 December 2023.
The protected period begins on 22 December 2023 and lasts for 90 days. The tribunal recorded that the Recoupment Regulations apply. It also noted that the first respondent is in administration and that consent had been obtained only for the protective award claim to proceed; the claimants' other claims were therefore stayed, with an Employment Judge to consider them in six months if necessary.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal found the respondent failed to comply with the consultation requirement. The other claims in the multiple were stayed because the first respondent was in administration and consent had not been obtained for them. | Upheld | — | — |
Legal tests applied
3 references- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189(5)(b) of the Trade Union and 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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