Case 1806635/2019 · Employment Tribunal
Mrs D Bailey v Travel And Financial Services Ltd and 1 other — 2022
- Case reference
- 1806635/2019
- Decision date
- 25 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Mrs D Bailey
Key findings
Tribunal's reasoningThe Tribunal gave judgment under rule 21 because the first respondent had not presented a response and the Official Receiver confirmed that the protective award claims would not be contested. The first respondent was in compulsory liquidation, and permission had been granted by the High Court for the claims to proceed.
The Tribunal found that the claimant was employed by the first respondent, which employed over 20 employees at the Meadowhall site in Sheffield. The claimant was not a member of a recognised trade union or part of a bargaining unit at the Meadowhall store.
The first respondent went into compulsory liquidation on 23 September 2019 and the claimant was notified that her employment was terminated with immediate effect. The Tribunal found there had been no proper warning or notice to, or consultation with, recognised trade unions or the claimant, and no employee representatives had been elected or appointed for consultation. It held that the first respondent breached section 188 of the 1992 Act and made a protective award for the maximum protected period of 90 days commencing on 23 September 2019.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with collective consultation requirements under section 188. Remedy was a protective award equivalent to 90 days' remuneration from 23 September 2019; no monetary amount was specified. | Upheld | — | — |
Legal tests applied
5 references- section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Tribunals Rules of Procedure 2013 - Rule 21
- 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
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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