Case 1302545/2022 · Employment Tribunal
Mrs S Davies v Castle Meadows Nursing Home (in Creditors’ Voluntary Liquidation) — 2022
- Case reference
- 1302545/2022
- Decision date
- 30 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Power
Parties
2 namedClaimant
Mrs S Davies
Key findings
Tribunal's reasoningMrs S Davies brought claims against Castle Meadows Nursing Home (in Creditors’ Voluntary Liquidation). The case was heard by Employment Judge Power sitting alone at Midlands West by Cloud Video Platform on 30 November 2022. The respondent was not represented and the claim was uncontested.
The tribunal recorded that the claimant’s claims for unfair dismissal, holiday pay, arrears of pay, notice and statutory redundancy pay were withdrawn and dismissed. It then considered the claimant’s complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188.
The tribunal found that the claimant was employed at an establishment where the respondent was proposing to dismiss as redundant 20 or more employees within a period of 90 days or less. It found that the respondent failed to consult with the claimant before dismissing her, which was a breach of section 188 of the 1992 Act. The tribunal therefore held the section 189 complaint well-founded and made a protective award in respect of the claimant for a protected period of 90 days beginning on 18 March 2022. The judgment states that the Employment Protection (Recoupment of Benefits) Regulations 1996 apply to the award, but the extracted text does not state the monetary figure.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment states this claim was 'withdrawn and dismissed'. | Withdrawn | — | — |
| Holiday pay | The judgment states this claim was 'withdrawn and dismissed'. | Withdrawn | — | — |
| Unlawful deduction from wages | Covers the judgment's reference to 'arrears of pay'; it was stated to be 'withdrawn and dismissed'. | Withdrawn | — | — |
| Breach of contract | Covers the judgment's reference to 'notice'; it was stated to be 'withdrawn and dismissed'. | Withdrawn | — | — |
| Redundancy | The judgment states this claim was 'withdrawn and dismissed'. | Withdrawn | — | — |
| Trade union | Complaint under s.189 TULR(C)A 1992 for failure to comply with s.188 was found well-founded. The tribunal made a protective award for a protected period of 90 days beginning on 18 March 2022, but the extracted text does not state the monetary amount. | Upheld | — | — |
Legal tests applied
3 references- s.188 TULR(C)A 1992
- s.189 TULR(C)A 1992
- Employment Protection (Recoupment of Benefits) Regulations 1996
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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