Case 2203219/2020 · Employment Tribunal
Mrs A Thompson-Burn v v Warehouse Fashions Limited — 2022
- Case reference
- 2203219/2020
- Decision date
- 21 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hawksworth Date
Parties
2 namedClaimant
Mrs A Thompson-Burn v
Respondent
Key findings
Tribunal's reasoningThe respondent stated that it did not contest the claimant's claim for a protective award. The tribunal issued judgment under rule 21 without a hearing on the information before it.
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 under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It found there was no proper warning or consultation and that no employee representatives were elected or appointed for consultation as required under section 188A.
The tribunal held that the complaint was well-founded and made a protective award under section 189 for the maximum protected period of 90 days beginning on 15 April 2020. The claimant's other claims were left to be decided at a later hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The judgment upheld a complaint of failure to comply with collective consultation requirements under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award. The award is expressed as 90 days' remuneration, not a fixed monetary figure. | Upheld | — | — |
| Other | The judgment states that the claimant's other claims will be determined at a later hearing, but does not adjudicate or identify them in this decision. | Other | — | — |
Legal tests applied
5 references- rule 21 of the Employment Tribunals Rules of Procedure 2013
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 of the Trade Union and Labour Relations (Consolidation) Act 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
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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