Protective Award Granted for Employer's Failure to Comply with Statutory Requirements
📌 In brief
The Employment Tribunal awarded a protective award to workers because their employer failed to follow certain legal requirements. This means the employer did not meet the standards set by the Trade Union & Labour Relations (Consolidation) Act 1992.
⚖️ Legal holding
An employer must comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 to avoid a protective award for workers.
📖 Technical summary
The Employment Tribunal granted a protective award to workers due to their employer's failure to comply with statutory requirements under the Trade Union & Labour Relations (Consolidation) Act 1992.
📜 Headnote Official document
The Employment Tribunal granted a protective award to workers due to their employer's failure to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. The award was for a period of 90 days starting from 29 February 2024.
📚 Full judgment Official document
Case Numbers: 3201044/2024 & Ors (see Annex)
1
EMPLOYMENT TRIBUNALS
Claimant:
[redacted]
Respondents: [redacted] (In Voluntary Liquidation) (2) Secretary of State for Business, Energy and Industrial Strategy
Heard at:
East London Hearing Centre (by video)
On:
18 December 2024
Before:
Employment Judge Volkmer Members:
Mr R. [NAME_3]
[NAME_4] Claimant:
[redacted]
Respondent: [redacted]
JUDGMENT 1. The First Respondent has failed to comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. The claim for a protective award succeeds. 2. The Tribunal makes a protective award for a period of 90 days starting on 29 February 2024, the amount of the award is to be calculated by the Second Respondent.
Employment Judge Volkmer
Dated: 18 December 2024
Case Numbers: 3201044/2024 & Ors (see Annex)
2
ANNEX – List of Claimants and Case Numbers 1. [NAME_6] 2. Paul Charlesworth 3. [NAME_9] 4. [NAME_10] 5. [NAME_13] 6. [NAME_14] 7. [NAME_15] 8. [NAME_16] 9. [NAME_17] 10. [NAME_18] 11. [NAME_19] 12. [NAME_20] 13. [NAME_21] 14. [NAME_23] 15. [NAME_24] 16. [NAME_25] 17. [NAME_26] 18. [NAME_27] 19. [NAME_1] 20. [NAME_28] numbers 3201044/2024 3201045/2024 3201046/2024 3201047/2024 3201048/2024
Case Numbers: 3201044/2024 & Ors (see Annex)
3
3201049/2024 3201050/2024 3201051/2024 3201052/2024 3201053/2024 3201054/2024 3201055/2024 3201056/2024 3201057/2024 3201058/2024 3201059/2024 3201060/2024 3201061/2024 3201062/2024 3201063/2024
Case Numbers: 3201044/2024 & Ors (see Annex)
4
Notes
Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.
Public access to employment tribunal decisions
Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.
Recording and Transcription
Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here:
https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice- directions/
❓ Frequently asked questions
What did this decision decide?
The Employment Tribunal granted a protective award to workers because their employer failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992.
What was the dispute about?
The dispute was about whether the employer had complied with the legal requirements under section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992.
How did the court decide, and why?
The court decided in favour of the workers, granting a protective award because the employer had failed to comply with the statutory requirements.
Which laws or rules were applied?
Section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 was applied.
What was the argument that mattered most?
The argument that mattered most was that the employer had failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992.
Was the decision for or against the person who brought the case?
The decision was for the workers who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, if an employer fails to comply with the statutory requirements under section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992, workers may be entitled to a protective award.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that were considered.