Case 1804064/2023 · Employment Tribunal

Mr J Fogarty & others (see attached schedule) v Tuffnells Parcels Express Limited (in administration) — 2025

Case reference: 1804064/2023
Decision date: 20 March 2025
Jurisdiction: England & Wales
Judge: Employment Judge Robertson Date

Indexed: 20 May 2026

Parties

2 named

Claimant

Mr J Fogarty & others (see attached schedule)

Respondent

Tuffnells Parcels Express Limited (in administration)

Key findings

Tribunal's reasoning

The claimants complained that Tuffnells Parcels Express Limited, in administration, failed to comply with the requirements of section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 concerning consultation about proposed dismissals. The Tribunal, giving judgment under Rule 22 of the Employment Tribunal Procedure Rules 2025, found those complaints well-founded.

The Tribunal made a protective award under section 189 of the 1992 Act. The respondent was ordered to pay remuneration to each claimant for a protected period of 90 days from 12 June 2023. The judgment records that the Recoupment Regulations apply, but it does not state a monetary total or a claimant-by-claimant sum.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Other	Protective award claim: complaints that the respondent failed to comply with section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 as to consultation about proposed dismissals were found well-founded. The judgment did not state a monetary amount.	Upheld	—	—

Legal tests applied

3 references

Official outcome judgment PDF

Gov.uk primary record

The 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 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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