Case 3311012/2023 · Employment Tribunal
Mr J Cambray & Ors v Service Supply Network Limited in creditors’ voluntary liquidation and 1 other — 2024
- Case reference
- 3311012/2023
- Decision date
- 19 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Foxwell
Parties
3 namedClaimant
Mr J Cambray & Ors
Key findings
Tribunal's reasoningThe claimants were employed at the same establishment at The Beacons, Hatfield, Hertfordshire. The tribunal found that they were made redundant on or after 14 September 2023, 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 that date. It also found that the dismissals took place without any consultation having occurred.
On that basis, 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 claim for a protective award succeeded. It made a protective award for the claimants who worked at the establishment and were dismissed as redundant on or after 14 September 2023, with the protected period beginning on 14 September 2023 and lasting 90 days. The Recoupment Regulations were stated to apply.
The second respondent filed a response only to assist the tribunal and had no direct knowledge of events, and the first respondent was in creditors’ voluntary liquidation and had not filed a response. The tribunal said it would be disproportionate to convene a hearing, and noted that no reason had been shown to depart from the principle that protective awards are punitive and should be for the maximum period unless circumstances make it just not to do so.
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 no recognised trade union or elected employee representatives at the establishment, 20 or more employees were made redundant or placed at risk within 90 days of 14 September 2023, and dismissals occurred without any consultation. The award was for a protected period of 90 days beginning on 14 September 2023; the judgment does not state a monetary figure for the award. | Upheld | — | — |
Legal tests applied
2 references- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 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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