Case 1301294/2022 · Employment Tribunal
Mr David Broome Mr Paul Price Mr Ian Willis Mr Ian Ellis v v Sven Christiansen plc (In Administration) and 1 other — 2023
- Case reference
- 1301294/2022
- Decision date
- 16 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Perry JUDGMENT
- Venue
- Birmingham
Parties
3 namedClaimant
Mr David Broome Mr Paul Price Mr Ian Willis Mr Ian Ellis v
Key findings
Tribunal's reasoningThe claims were determined on the papers by consent before Employment Judge Perry on 16 June 2023. The claimants were Mr David Broome, Mr Paul Price, Mr Ian Willis and Mr Ian Ellis. The tribunal recorded that they had been employed by Sven Christiansen plc and were among about 20 or more employees dismissed on 4 February 2022.
The tribunal found that the complaints that the first respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 were well founded. It made a protective award in respect of the claimants for a protected period of 90 days beginning on 4 February 2022, and the annex stated that a recoupment notice would follow. The record also notes that Mr Ellis's separate protective award claim was dismissed on withdrawal after he had been paid by the Secretary of State.
The tribunal further found that the first respondent had failed to compensate Mr Willis for 14 days' accrued holiday leave at termination and ordered payment of £1,313.68 gross to him. Any remaining claims were dismissed.
Claims and outcomes
3 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Mr Ellis's protective award claim was dismissed on withdrawal after he had been paid by the Secretary of State. | Withdrawn | — | — |
| Other | The tribunal found the section 188 TULRCA 1992 complaints well founded and made a protective award in respect of the claimants for a protected period of 90 days beginning on 4 February 2022. | Upheld | — | — |
| Holiday pay | Mr Willis's claim for 14 days' accrued holiday leave at termination succeeded; the first respondent was ordered to pay £1,313.68 gross. | Upheld | — | £1,314 |
Legal tests applied
1 reference- s.188 TULRCA 1992
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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