Claimant v Bournemouth Transport Limited (in Creditors' Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that four claimants (Dalladas, Cordeiro, Jones, Turnbull) were within the scope of the protective award and presented their claims under section 192 within a reasonable period after the November 2023 judgment. The remaining claimants either failed to present within a reasonable time or (in the case of managers Cousins and Thornton) failed to establish it was not reasonably practicable to present within the statutory time limit and did not present within a reasonable further period.
Facts
Twenty-one claimants, mostly bus drivers made redundant in August 2022 by Bournemouth Transport Limited (in liquidation), sought protective awards for failure to consult. A protective award had been made in November 2023 following a claim by Unite the Union in respect of the bargaining unit covering bus drivers. The present claimants, who were not union members, were not informed they could claim and were told by union representatives that awards were only for union members. Most became aware of their potential claims in late 2023 or early 2024. They presented claims between March 2024 and December 2024.
Decision
The tribunal found that 19 claimants (all bus drivers and one night supervisor) were within the scope of the November 2023 protective award. However, only four claimants (Dalladas, Cordeiro, Jones, and Turnbull) succeeded in their section 192 claims because they presented their claims within a reasonable period after becoming aware of the protective award judgment. The remaining claims failed due to unreasonable delay. Two managerial claimants failed because they were not in the bargaining unit and did not bring section 189 claims in time.
Practical note
Even where claimants are covered by a protective award, they must present section 192 claims within a reasonable period after the award is made, and tribunals will scrutinise individual timelines carefully—general disadvantage compared to union members is not sufficient to extend time limits indefinitely.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1401434/2024
- Decision date
- 30 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- No
Employment details
- Role
- Bus driver
Claimant representation
- Represented
- No