Claimant v Solair Limited
Outcome
Individual claims
The respondent failed to comply with statutory obligations to inform and consult under section 188 Trade Union and Labour Relations (Consolidation) Act 1992 regarding collective redundancies. The tribunal awarded a protective award for 90 days from the date of dismissal for this failure to consult.
Facts
The claimant was dismissed on 25 September 2023 as part of collective redundancies. She did not present her protective award claim until 26 February 2024, approximately 7.5 weeks outside the normal time limit. Her partner became seriously ill shortly after her dismissal, requiring constant care, and he remained hospitalised and bedbound until his death in September 2024. The claimant only learned of her right to claim a protective award in February 2024 from a colleague, at which point she promptly commenced ACAS early conciliation.
Decision
On reconsideration, the tribunal found it was not reasonably practicable for the claimant to present her claim on time due to her partner's serious illness requiring her constant care as his carer. The tribunal extended time to 26 February 2024, finding she acted within a reasonable further period once she learned of her rights. The claim for failure to inform and consult succeeded, with a protective award of 90 days granted.
Practical note
Serious personal circumstances, particularly caring responsibilities for a terminally ill partner, can justify extending time limits for protective award claims where the claimant acts promptly once aware of their rights.
Legal authorities cited
Statutes
Case details
- Case number
- 1303020/2024
- Decision date
- 26 September 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Solair Limited
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No