Case 1309107/2022 · Employment Tribunal
Mr Gary Collier v Mr Sam Kelly Health Stores (Wholesale) Limited (In Administration) — 2024
- Case reference
- 1309107/2022
- Decision date
- 22 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Flood Dated
Parties
2 namedClaimant
Mr Gary Collier
Key findings
Tribunal's reasoningThe Tribunal found that the claims were presented in time and that it had jurisdiction. The respondent entered administration in August 2022, no response was presented, and the administrators confirmed that no consultation took place before the dismissal of more than 20 employees.
The Tribunal found that the claimants were dismissed by reason of redundancy on 22 August 2022 and were among 85 employees employed by the respondent before dismissal. There was no recognised trade union, no employee representatives were elected, and no consultation took place before the dismissals.
The complaints under section 188 TULRCA were found well founded. The Tribunal made a protective award for each claimant, with a protected period of 90 days beginning on 22 August 2022; the breach of contract and unfair dismissal complaints were dismissed upon withdrawal.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award complaint for failure to comply with section 188 TULRCA collective consultation requirements; no specific protective award claim type exists in the locked taxonomy. | Upheld | — | — |
| Unfair dismissal | The judgment states that the unfair dismissal complaint was dismissed upon withdrawal. | Withdrawn | — | — |
| Breach of contract | The judgment states that the breach of contract complaint was dismissed upon withdrawal. | Withdrawn | — | — |
Legal tests applied
7 references- section 188 TULRCA
- section 188A TULRCA
- section 189 TULRCA
- section 195(2) TULRCA
- Independent Insurance Co Limited v Aspinall [2011] IRLR 716
- Northgate v Mercy [2008] IRLR 222
- Susie Radin Limited v GMB and Others [2004] IRLR 400
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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