Case 3324621/2019 · Employment Tribunal
Ms M Miller v & Others Coverbox Insure Limited – (See attached Schedule) In administration & Others v — 2020
- Case reference
- 3324621/2019
- Decision date
- 4 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Foxwell
Parties
2 namedClaimant
Ms M Miller
Key findings
Tribunal's reasoningThe tribunal found that the first respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in relation to redundancies at its establishment at 239 Thorpe Park Road, Peterborough. It recorded that there were 34 claimants, that all were employed at the same establishment, and that they were dismissed as redundant within a period of 90 days starting on 8 July 2019.
The tribunal accepted evidence that there was no recognised trade union or elected employee representatives. It also noted that the first respondent had not filed a response and that the second respondent said he had no direct knowledge of the circumstances of the redundancies.
The claim for a protective award succeeded. The tribunal made a protective award in respect of all employees working at or from the Peterborough establishment and dismissed as redundant on or after 8 July 2019, with the protected period to run for 90 days. It said the Recoupment Regulations apply and stated that any other claims brought by the claimants remained stayed under paragraph 43(6) of Schedule B1 to the Insolvency Act 1986. The reasons note that protective awards are punitive and should normally be for the maximum period unless there are circumstances making it just not to do so.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The tribunal found the first respondent had failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award for the employees at the Peterborough establishment. The protected period was 90 days beginning on 8 July 2019. The judgment records that the Recoupment Regulations apply. | Upheld | — | — |
Legal tests applied
2 references- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- paragraph 43(6) of Schedule B1 of the Insolvency Act 1986
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
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