STA Travel failed to consult on redundancies: five employees win protective award
Five former employees of STA Travel Ltd have won a protective award after the company made them redundant without any collective consultation. The tribunal found that the company proposed to dismiss 20 or more employees at one establishment within 90 days.
1 min read · Last updated 18 May 2026
Case details
- #protective-award
- #collective-consultation
- #establishment-definition
- #redundancy
- #national-unit
Key facts
- STA Travel Ltd proposed to dismiss as redundant 20 or more employees at one establishment within 90 days.
- The claimants Dyer, Mears, Mircheva, Risk and Meads were assigned to that establishment.
- The respondent did not comply with the requirement to consult under s.188 TULR(C)A.
- The claimants' claims for a protective award succeeded with a protected period of 90 days from 2 September 2020.
- Mr Saunders' claim was dismissed as out of time.
Timeline
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Dismissal without consultation
The claimants were dismissed by STA Travel Ltd without any consultation.
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Early conciliation and claim presentation
Most claimants began early conciliation and presented their claim forms on the same day.
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Case management order
The tribunal ordered claimants to show why protective award claims should not be struck out.
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Claimants' statements submitted
Claimants submitted written statements in response to the case management order.
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First strike-out judgment
Employment Judge George struck out protective award claims for failure to respond.
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Second strike-out judgment
Further claims for unfair dismissal, notice pay, etc., were struck out for non-compliance.
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Reconsideration granted
The tribunal revoked the strike-out for Mears, Mircheva, Risk, and Meads, allowing their claims to proceed.
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Substantive hearing
The tribunal heard evidence and determined the protective award claims.
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Judgment issued
The tribunal issued its judgment granting protective awards to five claimants.
The legal issue
The tribunal had to decide whether STA Travel Ltd was required to consult collectively before making redundancies, and whether the claimants were assigned to an establishment where 20 or more employees were dismissed within 90 days.
The outcome
The tribunal granted a protective award to five former employees of STA Travel Ltd, with a protected period of 90 days from 2 September 2020.
- The company proposed to dismiss 20 or more employees at one establishment within 90 days, triggering the duty to consult under s.188 TULR(C)A.
- The claimants were assigned to that establishment and were dismissed without any consultation.
- The award covers the period of 90 days' pay for each successful claimant.
- One claimant's case was dismissed as out of time.
Lessons & takeaways
- Employers must consult collectively when proposing 20 or more redundancies at one establishment within 90 days, or risk a protective award.
- Employees assigned to an establishment where the threshold is met are entitled to protection, even if the employer disputes the definition of 'establishment'.
- Claimants must ensure their claims are presented in time, or they may be struck out even if the substantive case is strong.
- A protective award can be made even if the employer has gone into liquidation, though enforcement may be more difficult.
What this case shows in practice
This case demonstrates the importance of collective consultation when making large-scale redundancies. STA Travel Ltd dismissed a number of employees without any consultation, triggering a protective award for those affected. The tribunal found that the company proposed to dismiss 20 or more employees at one establishment within 90 days, which required consultation under the Trade Union and Labour Relations (Consolidation) Act 1992.
The five successful claimants were assigned to that establishment and were dismissed without any process. The tribunal awarded a protected period of 90 days from the date of dismissal, meaning they are entitled to pay for that period.
What the losing side could have done differently
STA Travel Ltd could have avoided the protective award by consulting collectively with employee representatives before making the redundancies. Even if the company was in financial difficulty, the duty to consult remains. Proper consultation could have reduced or eliminated the award.
The company also could have clarified the definition of 'establishment' to avoid disputes about whether the threshold was met. However, the tribunal found that the claimants were clearly assigned to an establishment where 20 or more dismissals occurred.
Why the result matters for similar claims
This case reinforces that the duty to consult collectively applies even when an employer is in liquidation. Employees who are made redundant without consultation may be entitled to a protective award of up to 90 days' pay. However, claimants must act quickly to present their claims in time, as one claimant's case was dismissed for being out of time.
The case also highlights that the definition of 'establishment' can be contested, but if employees are clearly assigned to a location where the threshold is met, the duty is triggered.
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