Case 1804153/2023 · Employment Tribunal
Mr O Devlin Second claimant: Mr G Mitchell First v Survey Roofing Group Ltd (in administration) Second Respondent: Secretary of State for Business and Trade. Heard: Leeds by CVP video link — 2024
- Case reference
- 1804153/2023
- Decision date
- 19 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shepherd Appearances
Parties
2 namedClaimant
Mr O Devlin Second claimant: Mr G Mitchell First
Key findings
Tribunal's reasoningThe tribunal held that Survey Roofing Group Ltd (in administration) failed adequately to comply with the collective consultation requirements in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. On that basis, each claimant's own claim for a protective award under section 189 succeeded.
The tribunal ordered the First Respondent to pay remuneration for a protected period of 90 days beginning on 31 March 2023, identified as the date on which the first dismissal to which the complaint related took effect. The award was made separately to each claimant.
The judgment also states that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply. It records that regulation 6 imposes a duty to provide information to the Secretary of State, and that regulations 7 and 8 postpone the award to allow for service of any recoupment notice.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal held the First Respondent failed adequately to comply with section 188 and ordered a protected period of 90 days from 31 March 2023. This entry relates to the First Claimant, Mr O Devlin. | Upheld | — | — |
| Other | Protective award claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal held the First Respondent failed adequately to comply with section 188 and ordered a protected period of 90 days from 31 March 2023. This entry relates to the Second Claimant, Mr G Mitchell. | Upheld | — | — |
Legal tests applied
3 references- section 188 TULRCA 1992
- section 189 TULRCA 1992
- Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996
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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