Case 1802604/2020 · Employment Tribunal
Ms J Green v Braitrim (UK) Limited (t/a Briaform Reuse Centre) In Voluntary Creditors’ Liquidation AT A HEARING — 2020
- Case reference
- 1802604/2020
- Decision date
- 14 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Representation
- Venue
- Leeds
Parties
2 namedClaimant
Ms J Green
Key findings
Tribunal's reasoningMs J Green succeeded on her complaint against Braitrim (UK) Limited (t/a Briaform Reuse Centre) that the respondent had failed to comply with sections 188 and/or 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal found the complaint well founded and held that she was entitled to a protective award for a protected period of 90 days beginning on 31 March 2020.
The judgment stated that the Employment Protection (Recoupment of Benefit) Regulations 1996 applied to the award. It recorded that payment would be postponed pending any recoupment notice served by the Secretary of State in respect of relevant benefits received during the protected period, and that only any balance then due would be payable directly to the claimant.
All other claims arising from the dismissal, described as claims for a redundancy payment, breach of contract and arrears of wages/holiday pay, were formally dismissed upon withdrawal. No monetary sum is stated in the judgment; the award is expressed by reference to the 90-day protected period.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Complaint under sections 188 and/or 188A of the Trade Union and Labour Relations (Consolidation) Act 1992; the tribunal awarded a protective award for a period of 90 days from 31 March 2020, subject to recoupment. | Upheld | — | — |
| Redundancy | Formally dismissed upon withdrawal. | Withdrawn | — | — |
| Breach of contract | Formally dismissed upon withdrawal. | Withdrawn | — | — |
| Unlawful deduction from wages | The judgment grouped this with holiday pay as 'arrears of wages/holiday pay' and formally dismissed it upon withdrawal. | Withdrawn | — | — |
| Holiday pay | The judgment grouped this with arrears of wages as 'arrears of wages/holiday pay' and formally dismissed it upon withdrawal. | Withdrawn | — | — |
Legal tests applied
2 references- sections 188 and/or 188A of the Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Protection (Recoupment of Benefit) Regulations 1996 regs 6, 7 and 8
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
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