Case 2203235/2020 · Employment Tribunal
Miss L Bailey v v Warehouse Fashions Limited and 1 other — 2022
- Case reference
- 2203235/2020
- Decision date
- 21 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hawksworth Date
Parties
3 namedClaimant
Miss L Bailey v
Key findings
Tribunal's reasoningThe first respondent did not contest the claimant's claim for a protective award. The tribunal issued judgment under rule 21 without a hearing, based on the information before the judge.
The tribunal found that the first 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 claimant was dismissed by reason of redundancy on 15 April 2020, and the claim was presented in time after Acas early conciliation. The tribunal made a protective award for the maximum protected period of 90 days beginning on 15 April 2020, subject to the recoupment regulations referred to in the judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award for failure to comply with collective consultation requirements under section 188 TULRCA 1992; no numeric monetary amount stated, only remuneration for a 90-day protected period. | Upheld | — | — |
Legal tests applied
5 references- Employment Tribunals Rules of Procedure 2013 rule 21
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 189(3) 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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