Case 3315261/2023 · Employment Tribunal

Mr L Tredgett and Others (as itemised in schedule) v Steve Porter Transport Limited (In Administration) R1 Secretary of State for Business Energy and Industrial Strategy R2 — 2024

Case reference: 3315261/2023
Decision date: 8 April 2024
Jurisdiction: England & Wales
Judge: Employment Judge Quill

Indexed: 18 May 2026

Parties

2 named

Claimant

Mr L Tredgett and Others (as itemised in schedule)

Respondent

Steve Porter Transport Limited (In Administration) R1 Secretary of State for Business Energy and Industrial Strategy R2

Key findings

Tribunal's reasoning

The claim form alleged that Steve Porter Transport Limited was the employer, that the claimants' employment ended on 25 September 2023, and that there had been a failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The remedy sought was a declaration and a protective award.

The Tribunal treated the claim against R1 as presented on 25 March 2024 after reconsideration of an earlier rejection decision. It dismissed the claim against R1 because it was not presented within the time limit in section 189(5), as modified by section 292A, and the witness statements did not address why the claim was not presented sooner or why earlier presentation was not reasonably practicable.

The Tribunal dismissed the claim against R2 because R2 was not the employer for the purposes of Chapter II of Part IV of the Act. It also found there was no relevant debt under Part XII of the Employment Rights Act 1996 because no Tribunal had made a protective award before or after the claim was issued.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Trade union	Claim for a declaration and protective award alleging failure to comply with section 188 TULRCA 1992. The claim against R1 was dismissed as out of time under section 189(5), and the claim against R2 was dismissed because R2 was not the employer and there was no relevant Part XII ERA debt.	Dismissed	—	—

Legal tests applied

6 references

Official outcome judgment PDF

Gov.uk primary record

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Open official judgment PDF on gov.uk

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