Case 3306542/2024 · Employment Tribunal
Mr S Sheldrake & Others (see attached schedule) v ARJ Construction Limited (In Administration) and 1 other — 2025
- Case reference
- 3306542/2024
- Decision date
- 14 January 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Foxwell Date
Parties
3 namedClaimant
Mr S Sheldrake & Others (see attached schedule)
Key findings
Tribunal's reasoningThe Tribunal found that the claimants were employed at the same establishment at Bedford House, Rutherford Close, Meadway Technology Park, Stevenage, Hertfordshire, and were made redundant on or after 29 April 2024. 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 29 April 2024.
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 section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992, and that the protective award claim succeeded.
The Tribunal made a protective award requiring the employer to pay remuneration for a protected period beginning on 29 April 2024 and lasting 90 days. It noted that the first respondent was in administration, that the administrators had consented to the protective award claim proceeding, and that the second respondent had filed a response only to assist the Tribunal.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claim for a protective award under section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 succeeded. No fixed monetary sum was stated; the award was remuneration for a 90-day protected period beginning 29 April 2024. | 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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