Case 1400982/2021 · Employment Tribunal
Mr P Adams v Bespoke Hotels Ltd — 2022
- Case reference
- 1400982/2021
- Decision date
- 14 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Matthews Representation
- Venue
- Plymouth
Parties
2 namedClaimant
Mr P Adams
Respondent
Key findings
Tribunal's reasoningMr Adams was the General Manager of The Duke of Cornwall Hotel in Plymouth. On 2 February 2021, around 56 employees were dismissed with immediate effect by reason of redundancy. The respondent did not recognise a trade union, there were no elected or appointed employee representatives with authority to be consulted, and no arrangements were made to elect such representatives. The company entered creditors voluntary liquidation on 12 February 2021.
The tribunal held that the protective award complaint was well founded because the respondent had failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It found that the company took no steps whatsoever to consult on, or provide information about, the proposed dismissals. The special circumstances defence was not engaged in the absence of any consultation. The tribunal decided it was just and equitable to make the full award of 90 days' pay and ordered remuneration for a protected period of 90 days from 2 February 2021.
Mr Adams also succeeded on his breach of contract claim for notice pay. The tribunal found that he was entitled to 12 weeks' notice under his contract of employment, that no notice was given, and that he should be paid 12 weeks' net pay. The award was calculated at 12 x £505.62, producing £6,067.44. The tribunal stated that no deduction was made for tax and that the recoupment regulations do not apply.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under ss.188-189 TULRCA. The tribunal found the complaint well founded, held that the respondent failed to comply with section 188, rejected the special circumstances defence, and ordered remuneration for a protected period of 90 days from 2 February 2021. The extracted text does not state a monetary figure for this award. | Upheld | — | — |
| Breach of contract | Notice pay claim succeeded. The tribunal found the claimant was entitled to 12 weeks' notice under his contract, no notice was given, and awarded 12 weeks' net pay of £6,067.44. No deduction was made for tax and the recoupment regulations do not apply. | Upheld | — | £6,067 |
Legal tests applied
4 references- section 188 TULRCA
- section 189 TULRCA
- special circumstances defence
- just and equitable in all the circumstances
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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