Case 1602368/2020 · Employment Tribunal
Mrs E Metcalf v Texplan Manufacturing Ltd (In Administration) — 2022
- Case reference
- 1602368/2020
- Decision date
- 25 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge C Sharp Date
Parties
2 namedClaimant
Mrs E Metcalf
Key findings
Tribunal's reasoningMrs E Metcalf was employed by Texplan Manufacturing Ltd (In Administration). The respondent entered administration in March and April 2020, with additional administrators appointed in July 2020. The claimant was dismissed on 31 July 2020 by reason of redundancy and brought a complaint under s.189 of the Trade Union and Labour Relations (Consolidation) Act 1992 seeking a protective award for failure to consult under ss.188 and 188A.
The Tribunal found that the claimant was assigned to an establishment where 20 or more redundancies were proposed within a period of 90 days, and that the respondent did not fully inform and consult with her in accordance with ss.188 and 188A. By consent, the Tribunal made a protective award in favour of the claimant for a protected period of 30 days, with payment capped at the amount payable by the Redundancy Payments Service and subject to deductions required by law. The parties agreed that the protected period ran from the termination date.
The judgment states that the listed claim is extinguished in its entirety by the Consent Judgment. It also records that there was no order for costs or fees and that each party was to bear its own costs and fees.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under s.189 TULRCA 1992 for failure to inform and consult under ss.188 and 188A. The judgment is by consent and states the listed claim is extinguished in its entirety. It records a protected period of 30 days, capped by Redundancy Payments Service limits and subject to deductions required by law, but no separate monetary sum is stated. | Settled | — | — |
Legal tests applied
3 references- s.189 TULRCA 1992
- s.188 TULRCA 1992
- s.188A TULRCA 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.
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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