Case 1303810/2022 · Employment Tribunal
Claimant v Hawk Developments Ltd — 2023
- Case reference
- 1303810/2022
- Decision date
- 31 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wedderspoon
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt with the claims for protective awards under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 on a Rule 21 basis because the respondent had not presented a response. The respondent was in voluntary liquidation, and the tribunal considered the file without a hearing.
On the material before the judge, the respondent employed over 20 employees at the establishment. The claimants were informed on 31 May 2022 that they were compulsory redundant, but the tribunal held that this did not amount to consultation within the meaning of the 1992 Act.
The tribunal found that there was no proper warning or notice and no consultation with the claimants between 31 May 2022 and 15 June 2022, when the respondent went into voluntary liquidation. It also found that no employee was part of a trade union and no employee representatives had been elected or appointed for consultation under section 188A.
The tribunal therefore found a breach of the duty under section 188 and made an award under section 189 in favour of the claimants for the maximum protected period of 90 days commencing on 31 May 2022. It also noted that the Employment Protection (Recoupment of Job Seeker's Allowance and Income Support) Regulations 1996 applied, and that payment was not to be made until the Secretary of State had issued a recoupment notice or notified the respondent that no notice would be served.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award claim under sections 188 and 189 of TULRCA 1992 for failure to comply with collective consultation requirements. The judgment was issued under Rule 21 after no response was presented. The award was stated as remuneration for the protected period of 90 days beginning on 31 May 2022, but no single monetary figure was quantified in the extracted text. | Upheld | — | — |
Legal tests applied
3 references- Rule 21
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189(3) of the Trade Union and Labour Relations (Consolidation) Act 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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