Case 1302919/2023 · Employment Tribunal
Mr C Griffin v & 62 others (see schedule attached) Clockfair Limited t/a Broadway Casino (in administration) and 1 other — 2024
- Case reference
- 1302919/2023
- Decision date
- 9 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge J Jones Appearances
Parties
3 namedKey findings
Tribunal's reasoningThe tribunal determined the claims on the papers under rule 21(2), as no ET3 response was presented by the first respondent and the Secretary of State did not support or resist the claims. It found the claims were presented in time and that the tribunal had jurisdiction.
The claimants were employed at the Broadway Casino site, where more than 20 employees were working. The tribunal found that the claimants were dismissed along with other employees on 22 December 2022 and, applying the statutory presumption in section 195(2) TULRCA, that they were dismissed by reason of redundancy.
There was no recognised trade union, no election of employee representatives, and no consultation before dismissal. The tribunal found the first respondent had not shown that it took reasonably practicable steps towards compliance, and concluded that the section 188 complaint was well founded. It made a protective award for each claimant for the maximum protected period of 90 days, with the operative judgment stating the period begins on 21 December 2022.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Complaints that the first respondent failed to comply with section 188 TULRCA collective consultation requirements were found well founded. The judgment made protective awards for each claimant with a protected period of 90 days; no monetary sum was specified. | Upheld | — | — |
Legal tests applied
11 references- rule 21(2) Employment Tribunal Rules of Procedure 2013
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 189(1) Trade Union and Labour Relations (Consolidation) Act 1992
- section 189(2) Trade Union and Labour Relations (Consolidation) Act 1992
- section 189(4) Trade Union and Labour Relations (Consolidation) Act 1992
- section 189(5) Trade Union and Labour Relations (Consolidation) Act 1992
- section 195(2) Trade Union and Labour Relations (Consolidation) Act 1992
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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
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