Cases→2300448/2018

Claimant v CNH2016 Limited (In Liquidation)

25 July 2025Before Employment Judge RamsdenLondon Southon papers

Outcome

Partly successful

Individual claims

Failure to Inform & Consultstruck out

The claim was struck out on the basis it had no reasonable prospect of success because a protective award had already been made in respect of a claim brought by GMB Trade Union covering the same breach. The claimant failed to make representations or request a hearing after being given the opportunity to do so.

Wrongful Dismissalnot determined

This claim for notice pay remains live and was not affected by the strike-out judgment, which only related to the protective award claim.

Unlawful Deduction from Wagesnot determined

This claim for arrears of pay remains live and was not affected by the strike-out judgment, which only related to the protective award claim.

Holiday Paynot determined

This claim for accrued but untaken holiday pay on termination remains live and was not affected by the strike-out judgment, which only related to the protective award claim.

Facts

The claimant was employed by CNH2016 Limited which went into liquidation. He brought claims for failure to inform and consult under TULRCA 1992 sections 188-189 seeking a protective award, as well as claims for notice pay, arrears of pay, and holiday pay. GMB Trade Union had previously brought a claim for a protective award in respect of the same breach by the respondent, and that protective award had already been made.

Decision

The tribunal struck out the claimant's protective award claim because it had no reasonable prospect of success, as a protective award had already been made in the GMB Trade Union case covering the same breach. The claimant failed to respond to the tribunal's opportunity to make representations or request a hearing. The remaining claims for notice pay, arrears of pay, and holiday pay were not affected and remain live.

Practical note

An individual employee cannot pursue a separate protective award claim under TULRCA 1992 where a trade union has already obtained a protective award covering the same failure to inform and consult by the employer.

Legal authorities cited

Statutes

TULRCA 1992 s.188TULRCA 1992 s.189

Case details

Case number
2300448/2018
Decision date
25 July 2025
Hearing type
strike out
Hearing days
—
Classification
procedural

Respondent

Name
CNH2016 Limited (In Liquidation)
Sector
other
Represented
No

Claimant representation

Represented
No
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