Case 1305780/2018 · Employment Tribunal
Ian Thorley v George Birchall Limited (in administration) — 2023
- Case reference
- 1305780/2018
- Decision date
- 15 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brady Representation
- Venue
- Birmingham ET
Parties
2 namedClaimant
Ian Thorley
Key findings
Tribunal's reasoningThe tribunal dealt with the case under rule 21 after the respondent did not attend and had not presented an ET3. On the available material, Employment Judge Brady recorded that the respondent had failed to comply with its obligations under section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. A protective award was therefore made under section 189 for a period of 90 days starting on 10 September 2018, in the sum of £7,232.40.
The tribunal also found that the claimant had been dismissed in breach of contract in respect of notice and ordered the respondent to pay damages of £6,288.92. The judgment records that the claimant's unfair dismissal claim was well founded. It further states that no basic award was claimed because the claimant had already received payment in respect of that award.
The claimant withdrew his claim for loss of pension rights. The tribunal awarded £500 for loss of statutory rights. The total award stated in the judgment was £14,021.32, made up of the protective award, notice pay damages, and the £500 award for loss of statutory rights.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award under section 188A and section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal made a protective award for a period of 90 days starting on 10 September 2018. | Upheld | — | £7,232 |
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract in respect of notice and ordered damages for notice pay. | Upheld | — | £6,289 |
| Unfair dismissal | The unfair dismissal claim was found well founded. No basic award was made because the claimant had already received payment in respect of that award. The tribunal awarded £500 for loss of statutory rights. | Upheld | — | £500 |
Remedy
Monetary award- Total award
- £14,021
- across all upheld claims
- Compensatory award
- £500
- compensatory remedy recorded
Legal tests applied
3 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- s.188A Trade Union and Labour Relations (Consolidation) Act 1992
- s.189 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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