Case 1801516/2023 · Employment Tribunal
Ms G Denton Robertson v Brambly Hedge Day Nursery Ltd (In Creditors’ Voluntary Liquidation) — 2023
- Case reference
- 1801516/2023
- Decision date
- 17 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Miller
- Panel members
- Mr C Childs, Ms A Brown
Parties
2 namedClaimant
Ms G Denton Robertson
Key findings
Tribunal's reasoningMs G Denton Robertson's case was heard by Employment Judge Miller sitting with Mr C Childs and Ms A Brown at Hull by video on 17 July 2023. The respondent, Brambly Hedge Day Nursery Ltd (In Creditors' Voluntary Liquidation), did not attend and had submitted no response. The tribunal recorded that the claimant's complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 were well-founded because the respondent had failed to comply with sections 188 and 188A of that Act.
By way of remedy for the collective redundancy consultation failure, the tribunal ordered a protective award under section 189(3) TULRCA equivalent to the claimant's remuneration for a period of 90 days beginning on 18 November 2022. The written record does not state a separate monetary total for that award.
The tribunal also found that the respondent had failed to pay the claimant's holiday entitlement and ordered payment of £2,660.64. The note to the judgment states that reasons were given orally at the hearing and that written reasons would not be provided unless requested in time.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Complaint under section 189 TULRCA for failure to comply with sections 188 and 188A; tribunal ordered a protective award equivalent to remuneration for 90 days beginning on 18 November 2022. | Upheld | — | — |
| Holiday pay | Tribunal found the respondent had failed to pay the claimant's holiday entitlement. | Upheld | — | £2,661 |
Legal tests applied
2 references- ss.188 and 188A TULRCA
- s.189(3) TULRCA
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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