Protective award claim dismissed: claimant failed to attend hearing and was out of time
A former employee's claim for a protective award after redundancy has been dismissed by the Nottingham tribunal because it was brought well after the three-month time limit and the claimant did not attend the hearing.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was dismissed when the respondent company entered administration or liquidation.
- The claimant's ET1 was received on 8 November 2021, well after the three-month time limit.
- The claimant did not attend the preliminary hearing on 20 April 2023.
- The tribunal clerk attempted to contact the claimant by phone but received no answer.
- The claimant had withdrawn claims for unpaid wages, notice pay, and holiday pay.
- The respondent was in liquidation and did not attend the hearing.
Timeline
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Respondent entered administration
Companies House records indicate the respondent entered administration on this date.
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Respondent entered liquidation
The respondent entered liquidation on this date.
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ACAS early conciliation started
The claimant underwent ACAS early conciliation between 25 and 28 October 2021.
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ET1 received by tribunal
The claimant's ET1 was received by the tribunal on this date.
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Claimant submitted ET3
The claimant completed and submitted an ET3 form, raising a claim for a protective award.
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Respondent's liquidator emailed tribunal
The joint liquidator indicated no intention to incur costs in dealing with the claim.
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Claimant withdrew other claims
The claimant confirmed by email that he had received unpaid wages, notice pay, and holiday pay, and was only pursuing a protective award.
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Notice of hearing sent
The tribunal sent notice of the preliminary hearing scheduled for 20 April 2023.
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Preliminary hearing and dismissal
Neither party attended. The tribunal dismissed the claim under Rule 47 due to non-attendance and being out of time.
The legal issue
The tribunal had to decide whether to strike out the claimant's claim for a protective award under section 189 of TULR(C)A 1992 on the grounds that it was presented out of time and the claimant failed to attend the hearing.
The outcome
The tribunal dismissed the claim entirely.
- The claimant did not attend the preliminary hearing, and the tribunal was satisfied he knew about it.
- The claim for a protective award was brought at least five months after the three-month time limit, and possibly as much as 16 months late.
- No compensation was awarded.
Lessons & takeaways
- Protective award claims must be brought within three months of the date of dismissal, not when you later discover the right to claim.
- If you cannot attend a tribunal hearing, you must inform the tribunal in advance and provide a good reason, or the claim may be dismissed in your absence.
- ACAS early conciliation does not extend the time limit for protective award claims; you must still start the process before the deadline.
- Claims against a company in liquidation are still possible, but the liquidator may not defend the claim, and you must still comply with time limits.
This case shows how strictly employment tribunals enforce time limits, even when the employer has gone into liquidation. The former employee was dismissed when Welbeck House Limited entered administration in April 2020. He later brought a claim for a protective award, which is a payment of up to 90 days' pay when an employer fails to consult collectively before making 20 or more employees redundant.
A claim brought too late
The tribunal found that the claim was presented on 8 November 2021, at least five months after the three-month deadline expired. The claimant had also withdrawn other claims for unpaid wages, notice pay, and holiday pay after receiving those sums. By the time of the hearing, the company was in liquidation and the liquidator had said he would not incur costs dealing with the claim.
Non-attendance sealed the outcome
The claimant did not attend the preliminary hearing. The tribunal clerk tried to reach him by phone on two numbers but got no answer. The judge waited over an hour before deciding to dismiss the claim under Rule 47, which allows a tribunal to strike out a case when a party fails to attend without explanation. Even if the claimant had attended, the tribunal noted it would have been difficult to extend time because he had given no reason for the delay.
What this means for similar claims
For anyone considering a protective award claim, the key lesson is to act quickly. The time limit runs from the date of dismissal, not from when you learn about the protective award. If you miss the deadline, you must show it was not reasonably practicable to claim in time and that you acted promptly afterwards. Failing to attend a hearing without notice is almost certain to result in your claim being dismissed.
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