Case 1309341/2020 · Employment Tribunal
Mr J Murphy Mr N Powell v Nationwide Crash Repair Centres Ltd and 1 other — 2021
- Case reference
- 1309341/2020
- Decision date
- 6 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dunlop Date
Parties
3 namedClaimant
Mr J Murphy Mr N Powell
Key findings
Tribunal's reasoningThe tribunal determined the matter on the papers with no attendance by any party. The claimants listed in the schedule were employed by the first respondent at an establishment off Lode Lane, Solihull, and were dismissed by reason of redundancy on 4 September 2020.
The tribunal found that the respondents did not fully inform and consult with the claimants in accordance with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The claimants brought individual complaints under section 189 seeking protective awards, there being no relevant employee representatives.
Although the administrators had sought a wider consent order, the tribunal did not consider it appropriate to approve that proposed order because some claimants appeared to work at smaller establishments where the statutory threshold might not be met, and because the proposed order addressed how claims would rank in the administration. The tribunal was satisfied that Solihull was an establishment where more than 20 people were proposed to be made redundant and made a 90-day protective award for Solihull-based claimants included in the schedule.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under section 189 Trade Union and Labour Relations (Consolidation) Act 1992 for alleged failure to inform and consult under sections 188 and 188A. The judgment awards remuneration for a protected period of 90 days but does not state a monetary amount. | Upheld | — | — |
Legal tests applied
3 references- s.188 and s.188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- USDAW and anor v Ethel Austin Ltd and ors [2015] ICR 675
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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