Ms J Ambrose and others v STA Travel Ltd (in creditors’ voluntary liquidation): 1805175/2020 and others

EMPLOYMENT TRIBUNALS
Case No 1805175/2020
Ms J Ambrose & others (see attached schedule)ClaimantSTA Travel Limited (in creditors’ voluntary liquidation)Respondent
Employment Judge DeeleyMiss C Atkinson and Miss J Dennis (on behalf (instructed by themselves) for claimantNot represented for respondentDate 11 May 2021

JUDGMENT

[1]The duplicate claims brought as part of Miss Dennis’ claim form relating to Miss J Ambrose (1802115/21), Miss Claire Atkinson (1802116/21) and Miss B Carter (180211/21) are dismissed. Miss Dennis’ claim[2]It was not reasonably practicable for Miss Dennis to submit her claim within the relevant time limits under s192 of the Trade Union & Labour Relations (Consolidation) Act 1992 (“TULRCA”). Miss Dennis brought her claim within a reasonable period of the expiry of the relevant time limit. Protective award (all claimants, except for Mr Alan Fletcher and Mr Paul Wilkinson)[3]The Tribunal declares that the claims of all claimants (except for Mr Alan Fletcher and Mr Paul Wilkinson) that the respondent failed to comply with the requirements of s188 of the Trade Union & Labour Relations (Consolidation) Act 1992 are wellfounded.[4]The Tribunal makes a protective award of 90 days’ pay in respect of the claimants (except for Mr Alan Fletcher and Mr Paul Wilkinson), who were dismissed as redundant with effect from 2 September 2020. The Tribunal orders the respondent to pay those claimants their remuneration for the protected period of 90 days beginning on 2 September 2020. The Recoupment of Jobseeker’s Allowance and income Support Regulations 1996 apply to this award.[5]This Judgment does not apply to the claims brought by Mr Fletcher and Mr Wilkinson. This is because Mr Fletcher and Mr Wilkinson’s claims appear to have been submitted outside of the relevant time limits under s192 TULRCA. A separate case management order will be sent to Mr Wilkinson and Mr Fletcher regarding this issue. Useful information[1]There were no contested in this case, the respondent having neither entered a response nor attended the hearing. Any request for full written reasons relating to this Judgment must be made within 14 days of the date on which this Judgment is[2]All judgments and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimants and respondents.[3]You can appeal to the Employment Appeal Tribunal if you think a legal mistake was made in an Employment Tribunal decision. There is more information here: https://www.gov.uk/appeal-employment-appeal-tribunal