Mr M Lowe v Kenyon Road Haulage Ltd (In Administration) and Secretary of State for Business and Trade: 2400415/2024

EMPLOYMENT TRIBUNALS

Case No 2400415/2024

Between

Mr M LoweClaimant

(1) Kenyon Road Haulage Ltd (in administration) (2) Secretary of State for Business and TradeRespondent

Before

Employment Judge Eeley

In person for claimant

Not represented for respondent

Date 18 September 2024

JUDGMENT

[1]The claim for a protective award as a result of the first respondent’s failure to engage in consultation under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was not presented within the applicable time limit, but it was not reasonably practicable to do so. The claim was presented within a further reasonable period. The claim was therefore allowed to proceed.

[2]The complaint seeking a protective award under section 189 Trade Union and Labour Relations (Consolidation) Act 1992 is well founded. The first respondent failed in its duty to consult the claimant under sections 188 and 188A of that Act.

[3]The first respondent is ordered to pay remuneration for the protected period of ninety days starting on 20 March 2023 to the claimant.

[4]The recoupment regulations apply. Employment Jude Eeley Date: 18 September 2024