Case 1805850/2021 · Employment Tribunal
Claimant v Pollywiggle Day Nursery Ltd (in creditors’ voluntary liquidation) and Secretary of State for Business, Energy and Industrial Strategy — 2022
- Case reference
- 1805850/2021
- Decision date
- 17 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge G Elliott
- Venue
- Leeds
Parties
2 namedKey findings
Tribunal's reasoningThe case was heard at Leeds Employment Tribunal on 17 June 2022 before Employment Judge G Elliott sitting alone. The tribunal held that the correct respondent to all claims was Pollywiggle Day Nursery Limited (in creditors’ voluntary liquidation).
The claimants’ complaints of unauthorised deduction from wages were dismissed. The written record does not give further reasoning because reasons were given orally at the hearing and were not subsequently provided in writing.
The tribunal upheld the claimants’ complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188. It ordered a protective award under section 189(3) for the claimants named in the employee schedule, covering remuneration for the 90-day period beginning on 31 August 2021.
The tribunal also recorded that the Recoupment Regulations applied to Ms Lloyd, Ms Stones and Ms Plant, and that for those purposes the prescribed period was the same 90-day period beginning on 31 August 2021. The written judgment does not set out a single monetary total for the award in the extracted text.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal held that the correct respondent to all claims was Pollywiggle Day Nursery Limited (in creditors’ voluntary liquidation). | Dismissed | — | — |
| Trade union | The tribunal found the claims under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 well-founded and ordered a protective award under section 189(3) for the period of 90 days beginning on 31 August 2021. The Recoupment Regulations were said to apply to Ms Lloyd, Ms Stones and Ms Plant. | Upheld | — | — |
Legal tests applied
3 references- section 188 TULRCA 1992
- section 189 TULRCA 1992
- section 189(3) TULRCA 1992
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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