Mr A Wealthall v Travel And Financial Services Ltd and 1 other — 2023

The Tribunal issued judgment under rule 21 because the first respondent had not presented a response, the Official Receiver confirmed the first respondent would not contest the protective award claim, and the Secretary of State had made legal submissions. The Tribunal also found that it was not reasonably practicable for the claimant to issue the claim within three months of termination, and that he issued it within a reasonable period thereafter.

The claimant was employed as a Regional Manager. The first respondent employed over 20 employees in the Regional Manager group, and the claimant was not in a recognised trade union or bargaining unit. The first respondent went into compulsory liquidation on 23 September 2019, the Official Receiver was appointed, and the claimant was notified that his employment was terminated with immediate effect.

The Tribunal found there had been no proper warning, notice, or consultation with recognised trade unions or the claimant, and no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act. It held that the first respondent was in breach of section 188 and made a protective award under section 189 for the maximum protected period of 90 days beginning on 23 September 2019, subject to the recoupment regulations.