Case 1406225/2020 · Employment Tribunal
Written Representations For the First v Written Representations For the Second Respondent: Written Representations — 2021
- Case reference
- 1406225/2020
- Decision date
- 10 August 2021
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Written Representations For the First
Key findings
Tribunal's reasoningThe tribunal heard a collective claim brought by Ms Lynne Toms and 15 others against Drinkmaster Ltd and the Secretary of State. It found that the claimants were employed at the employer’s Liskeard premises, that there were 22 employees at that establishment, and that there was no recognised trade union and no elected employee representatives. The claimants and other employees numbering more than 20 were summarily dismissed by reason of redundancy on 2 September 2020, and the first respondent entered voluntary creditors liquidation on 22 September 2020.
Applying section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, the tribunal found that the first respondent failed to carry out any consultation, or any adequate consultation, before the dismissals and failed to elect employee representatives. It referred to GMB v Susie Radin Ltd [2004] EWCA Civ 180. On that basis, the tribunal held that there was a complete failure to comply with the statutory consultation requirements.
The complaint that the respondent failed to comply with section 188 of TULRCA was therefore well founded, and the tribunal made a protective award. The award covered the claimants who were dismissed as redundant on or after 2 September 2020 and ordered the first respondent to pay remuneration for a protected period of 90 days beginning on that date.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Complaint under section 188 TULRCA 1992. The tribunal made a protective award, but the judgment did not state a separate monetary sum for the claim. | Upheld | — | — |
Legal tests applied
2 references- section 188 TULRCA 1992
- GMB v Susie Radin Ltd [2004] EWCA Civ 180
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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