Case 1406358/2020 · Employment Tribunal
Mrs K Clarke v FMG Repair Services Ltd and 2 others — 2022
- Case reference
- 1406358/2020
- Decision date
- 21 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dunlop Date
Parties
4 namedClaimant
Mrs K Clarke
Key findings
Tribunal's reasoningThe tribunal determined the matter on the papers, with no attendance by any party. It made a protective award in favour of Mrs K Clarke and ordered Nationwide Accident Repair Services Ltd (in administration), the third respondent, to pay remuneration for a protected period of 90 days beginning on 4 September 2020.
The tribunal recorded that Mrs Clarke was employed as a home-based worker in the respondent's "Head Office" function and was dismissed by reason of redundancy on 4 September 2020. It found that the third respondent did not fully inform and consult with her in accordance with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992, and that the Head Office function was an establishment at which the respondent proposed to make 20 or more redundancies.
Mrs Clarke brought the protective award complaint as an individual under section 189 of the Act, there being no relevant employee representatives. The judgment stated that the award was made in line with judgments in other cases involving workers assigned to the Head Office function. No order was made for costs or fees, the Employment Protection (Recoupment of Benefits) Regulations 1996 applied, and the judgment did not affect Mrs Clarke's continuing claims against the first and second respondents.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under sections 188, 188A and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal ordered the third respondent to pay remuneration for a protected period of 90 days beginning on 4 September 2020, but no monetary amount was stated. | Upheld | — | — |
Legal tests applied
3 references- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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