Claimant v Aviation Staffing Ltd
Outcome
Individual claims
The tribunal found that special circumstances existed which rendered it not reasonably practicable for the employer to comply with S.188 TULRA consultation requirements. Primera Air collapsed overnight on 1 October 2018 with no warning, despite reassurances at a meeting just days earlier on 27 September. Aviation Staffing Ltd had no time to consult with staff located across Europe and the circumstances were genuinely unforeseen and catastrophic.
Claim had been filed with the Insolvency Service and was not actively pursued at the hearing. The protective award claim was the only claim pursued and therefore this claim was dismissed.
Claim had been filed with the Insolvency Service and was not actively pursued at the hearing. The protective award claim was the only claim pursued and therefore this claim was dismissed.
Claim had been filed with the Insolvency Service and was not actively pursued at the hearing. The protective award claim was the only claim pursued and therefore this claim was dismissed.
Facts
The claimant was an airline pilot employed by Aviation Staffing Ltd from January 2018, providing services to Primera Air. Primera Air collapsed suddenly on 1-2 October 2018, going into administration with no warning. Aviation Staffing Ltd made all employees redundant on 3 October 2018 without consultation. Just days before the collapse, on 27 September, directors had attended a meeting where Primera reassured them of financial stability and growth prospects. Aviation Staffing Ltd had no other clients and went into liquidation.
Decision
The tribunal dismissed all claims. The protective award claim failed because the tribunal found special circumstances existed which made consultation not reasonably practicable. The overnight collapse of the sole client, Primera Air, was genuinely unforeseen despite recent reassurances and gave no time for meaningful consultation with staff located across Europe. Other claims for wages, holiday pay and breach of contract were dismissed as they had been filed with the Insolvency Service and were not actively pursued.
Practical note
The special circumstances defence under s.188(7) TULRA 1992 can succeed where a sole client collapses overnight without warning, even where collective redundancies result, if the employer had no reasonable basis to anticipate the collapse and had no time to consult.
Legal authorities cited
Statutes
Case details
- Case number
- 1305789/2018
- Decision date
- 1 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Airline pilot
- Service
- 9 months
Claimant representation
- Represented
- Yes
- Rep type
- lay rep