Case 3303310/2024 · Employment Tribunal
Mr L Barnes & Others v W.H. BARLEY (Transport and Storage) Limited (In Administration) and 1 other — 2024
- Case reference
- 3303310/2024
- Decision date
- 9 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Foxwell Date
Parties
3 namedClaimant
Mr L Barnes & Others
Key findings
Tribunal's reasoningThe Tribunal found that the claimants worked at the respondent's Old Wolverton Road establishment and were made redundant on or after 22 December 2023. It recorded that there were no elected employee representatives or recognised trade union at the establishment, and that 20 or more employees were made redundant or placed at risk of redundancy within 90 days of 22 December 2023.
The Tribunal found that the claimants were dismissed during that period without consultation. The claim for a protective award succeeded, and the Tribunal ordered remuneration for a protected period beginning on 22 December 2023 and lasting 90 days. The first respondent was in administration, and the other claims were stayed because administrator consent had only been obtained for the protective award claim.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The judgment states that the claim for a protective award under the Trade Union & Labour Relations (Consolidation) Act 1992 succeeds. Other claims are stayed because administrator consent was obtained for the protective award claim only. | Upheld | — | — |
Legal tests applied
3 references- 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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