Case 1305479/2018 · Employment Tribunal
Ms Talwar (solicitor) For the 1st v SP GROUP (IN ADMINISTRATION) Second Respondent: SECRETARY OF STATE FOR BUSINESS, INNOVATION & SKILLS — 2020
- Case reference
- 1305479/2018
- Decision date
- 30 June 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McCluggage Appearances
- Venue
- Birmingham
Parties
2 namedClaimant
Ms Talwar (solicitor) For the 1st
Key findings
Tribunal's reasoningThe tribunal dealt with a protective award arising out of proposed redundancies at the First Respondent. It found the claim well-founded because there had been no consultation whatsoever, and it exercised its discretion to treat the listed preliminary hearing as a final hearing under rule 48 of the Tribunal Rules because neither respondent would adduce evidence in opposition and there was no mitigation advanced against the relief sought.
Applying section 189(2) of TULRCA and the approach in Susie Radin Limited v GMB, the tribunal treated the maximum award of 90 days as the starting point and made no reduction because there was no mitigation. It accepted the Insolvency Service figure for gross weekly pay of £383.94, used a daily rate of £76.79, and calculated the protective award at £6,911.10.
The Claimant withdrew the unfair dismissal claim after being paid redundancy-related sums, and the judgment records that claim as dismissed upon withdrawal. The reasons also note that the Insolvency Service had already paid redundancy, notice pay and holiday pay, and that payment of the protective award would be made by the Secretary of State under section 184 of the Employment Rights Act 1996 and associated legislation.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under section 189(2) TULRCA for failure to consult under section 188; awarded at the full 90 days' pay. | Upheld | — | £6,911 |
| Unfair dismissal | The judgment records that the claim was dismissed upon withdrawal by the Claimant after payment of redundancy-related sums. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £6,911
- across all upheld claims
Legal tests applied
5 references- rule 48 of the Tribunal Rules
- section 188 TULRCA
- section 189(2) TULRCA
- Susie Radin Limited v GMB [2004] EWCA Civ 180
- section 184 Employment Rights Act 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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