Case 2203277/2020 · Employment Tribunal
Mrs E Graham v v Warehouse Fashions Limited and 2 others — 2022
- Case reference
- 2203277/2020
- Decision date
- 12 May 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hawksworth Date
Parties
4 namedClaimant
Mrs E Graham v
Key findings
Tribunal's reasoningThe first respondent did not contest the claimant's claim for a protective award. The tribunal proceeded under rule 21 without a hearing and found the complaint of failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 well-founded.
The tribunal found that the first respondent proposed to make 91 redundancies at its Oliver's Yard site, did not fully inform and consult with the claimant, gave no proper warning or consultation, and did not elect or appoint employee representatives 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. The claim against Deloitte LLP was struck out because Deloitte LLP was acting as administrator of the first respondent and was not the claimant's employer.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim against the first respondent for failure to comply with collective consultation requirements under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was found well-founded. Award was equivalent to 90 days' remuneration beginning on 15 April 2020, but no monetary amount was stated. | Upheld | — | — |
| Other | The claim against Deloitte LLP was struck out because the claimant was employed by the first respondent, and Deloitte LLP's actions were taken in its capacity as administrator rather than employer. | Struck out | — | — |
Legal tests applied
4 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
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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