Case 3310956/2022 · Employment Tribunal
Mr S Reilly v Travel And Financial Services Ltd — 2023
- Case reference
- 3310956/2022
- Decision date
- 20 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
2 namedClaimant
Mr S Reilly
Respondent
Key findings
Tribunal's reasoningThe judgment was issued under rule 21 because the first respondent did not present a response, the Official Receiver confirmed the protective award claims would not be contested, and the Tribunal considered it could decide the protective award claim without a hearing.
The Tribunal found that it was not reasonably practicable for the claimant to issue the claim within three months of termination, but that he issued it within a reasonable period thereafter. The claimant was employed as a Regional Manager, the respondent employed over 20 employees in the Regional Manager group, and the claimant was not a member of a recognised trade union or bargaining unit.
The respondent went into compulsory liquidation on 23 September 2019, when the Official Receiver was appointed, and the claimant was notified of immediate termination. The Tribunal found there was no proper warning, notice, or consultation with recognised trade unions or the claimant, and no employee representatives had been elected or appointed for consultation. It held that the respondent breached section 188 TULRCA 1992 and made a protective award for the maximum protected period of 90 days from 23 September 2019.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The complaint was under section 189 TULRCA 1992 for failure to comply with collective consultation requirements under section 188. The remedy was a protective award equivalent to 90 days' remuneration, but no monetary figure was stated. | Upheld | — | — |
Legal tests applied
5 references- Rule 21 Employment Tribunals Rules of Procedure 2013
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996
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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