Case 1805553/2023 · Employment Tribunal
Mr J Jones & Others (see schedule) v Consumer Choices Limited (in administration) and 1 other — 2024
- Case reference
- 1805553/2023
- Decision date
- 6 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Date
Parties
3 namedClaimant
Mr J Jones & Others (see schedule)
Key findings
Tribunal's reasoningThe Tribunal found that the First Respondent failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 by not electing or consulting appropriate employee representatives before dismissing as redundant more than 20 employees at a single establishment, Unit 7 Callflex Business Park, Wath upon Dearne, Rotherham.
No response was submitted for the First Respondent and no explanation was offered for the failure to consult, although the judgment records that the company was in financial difficulties and had sought advice from insolvency practitioners by 13 June 2023. The Tribunal held that each named claimant was entitled to a protective award.
The protective award was made for the maximum period of 90 days beginning on 7 August 2023. The judgment records that recoupment provisions apply and that payment by the First Respondent is stayed under the relevant regulations, with any amount payable by the Second Respondent to be determined under the redundancy insurance fund arrangements.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 for failure to elect or consult appropriate employee representatives before collective redundancy dismissals. | Upheld | — | — |
Legal tests applied
3 references- section 188 Trade Union & Labour Relations (Consolidation) Act 1992
- regulation 5(2)(6) Employment Protection (Recoupment of Benefits) Regulations 1996
- regulations 7 and 8 Employment Protection (Recoupment of Benefits) 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
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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