Case 1800622/2019 · Employment Tribunal
Those in attendance or represented at the hearing- Listed in schedule A Those not in attendance or represented at the hearing- Listed in Schedule B v Respondent — 2020
- Case reference
- 1800622/2019
- Decision date
- 21 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brain Representation
- Venue
- Sheffield
Parties
1 namedClaimant
Those in attendance or represented at the hearing- Listed in schedule A Those not in attendance or represented at the hearing- Listed in Schedule B
Respondent
- —
Key findings
Tribunal's reasoningThe Tribunal found the claimants' complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 well founded, on the basis that the respondent had failed to comply with the requirements of section 188 of that Act.
The Tribunal made a protective award under section 189(3), ordering the respondent to pay the claimants listed in Schedule C remuneration for 90 days beginning on 21 December 2018. The judgment states that the Recoupment Regulations apply.
All other claims raised by the claimants were stayed. The judgment provided that those claims would stand dismissed on 6 August 2020 unless an application to lift the stay and relist the cases was made by 5 August 2020.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The upheld complaint was under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188 consultation requirements; the remedy was a protective award of 90 days' remuneration, not a quantified sum. | Upheld | — | — |
| Other | The judgment states that all other claims raised by the claimants were stayed and would stand dismissed on 6 August 2020 unless an application to lift the stay was made by 5 August 2020. The nature of those other claims is not specified in the judgment text. | Other | — | — |
Legal tests applied
3 references- section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189(3) of the 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.
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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