Case 2202747/2020 · Employment Tribunal

Miss C Barnsdale v v Warehouse Fashions Limited — 2022

Case reference: 2202747/2020
Decision date: 22 January 2022
Jurisdiction: England & Wales
Judge: Employment Judge Hawksworth Date

Indexed: 19 May 2026

Parties

2 named

Claimant

Miss C Barnsdale v

Respondent

Warehouse Fashions Limited

Key findings

Tribunal's reasoning

The respondent stated that it did not contest the claimant's claim for a protective award, and the tribunal issued judgment under rule 21 without a hearing. The claimant was employed by the respondent, which went into administration on 15 April 2020, and the administrators consented to the protective award claim proceeding.

The tribunal found that the respondent proposed to make 91 redundancies at its Olivers Yard site and did not fully inform and consult with the claimant in accordance with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It found there was no proper warning or consultation and no employee representatives were elected or appointed for consultation as required under section 188A.

The tribunal held the section 188 complaint well-founded and made a protective award under section 189 for the maximum protected period of 90 days beginning on 15 April 2020. The judgment recorded that the claimant's separate claims for notice pay, holiday pay and redundancy pay would be listed separately and were not determined in this judgment.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Trade union	Protective award claim for failure to comply with collective consultation requirements under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal ordered a payment equivalent to remuneration for 90 days beginning on 15 April 2020, but no monetary figure was stated. The claimant's notice pay, holiday pay and redundancy pay claims were not adjudicated in this judgment.	Upheld	—	—

Legal tests applied

4 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.

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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