Case 3304401/2025 · Employment Tribunal
Ms T Appadoo & Others (see attached schedule) v Cloud 9 Leisure Limited in creditors voluntary liquidation and 1 other — 2025
- Case reference
- 3304401/2025
- Decision date
- 16 April 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Foxwell Date
Parties
3 namedClaimant
Ms T Appadoo & Others (see attached schedule)
Key findings
Tribunal's reasoningSeventeen claimants brought claims under s.189 of the Trade Union and Labour Relations (Consolidation) Act 1992 against Cloud 9 Leisure Limited (in creditors voluntary liquidation), with the Secretary of State for Business and Trade joined as statutory guarantor. The claimants were employed at Unit 1, Jarman Park, Hemel Hempstead and were made redundant on or around 7 January 2025, with the last dismissals appearing to occur on 16 April 2025. There was no recognised trade union or elected employee representatives at the establishment, and 20 or more employees were made redundant or placed at risk of redundancy within a 90-day period.
The first respondent did not file a response. The Secretary of State filed a response acknowledging potential statutory liability. The Tribunal found that the claims were presented within the time limit in s.189(5)(b) TULRCA and that the first respondent had failed to comply with the consultation requirements of s.188.
The Tribunal made a protective award requiring the first respondent to pay remuneration for the protected period of 90 days beginning 16 April 2025, applying the principle that protective awards are punitive and should be for the maximum period unless circumstances make it just not to do so. The Recoupment Regulations apply.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under s.189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The first respondent failed to comply with the consultation requirements of s.188 TULRCA. The Tribunal made a protective award of 90 days' remuneration (the maximum) for claimants dismissed as redundant on or after 16 April 2025. The award is per-claimant and not aggregated; the Recoupment Regulations apply. | Upheld | — | — |
Legal tests applied
3 references- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.189 Trade Union and Labour Relations (Consolidation) Act 1992
- s.189(5)(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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