Case 6008432/2024 · Employment Tribunal
Mr J M Whitby v Salford and Trafford Engineering Group Training Association Limited (In Creditors Voluntary Liquidation) — 2024
- Case reference
- 6008432/2024
- Decision date
- 11 December 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Franey
Parties
2 namedClaimant
Mr J M Whitby
Key findings
Tribunal's reasoningThe respondent failed to present a valid response on time, so the tribunal determined the claim under rule 21 of the Employment Tribunals Rules of Procedure 2013. The claim for a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 was found to be well-founded.
The tribunal found that the respondent failed in its duty to consult the claimant and his former colleagues under section 188 of the 1992 Act. On that basis, the protective award succeeded.
The tribunal ordered the respondent to pay remuneration for the protected period of 90 days starting on 31 May 2024, being the date the first dismissal took effect. The recoupment regulations were held to apply to the protective award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under section 189 Trade Union and Labour Relations (Consolidation) Act 1992. | Upheld | — | — |
Legal tests applied
4 references- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Protection (Recoupment of Benefits) 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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