Case 2204247/2020 · Employment Tribunal
Miss S Middleton v v Warehouse Fashions Limited and 2 others — 2022
- Case reference
- 2204247/2020
- Decision date
- 21 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hawksworth Date
Parties
4 namedClaimant
Miss S Middleton v
Key findings
Tribunal's reasoningThe first 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 and found the complaint of failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 to be well-founded.
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 as required. 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 made a protective award for the maximum protected period of 90 days beginning on 15 April 2020.
The tribunal also struck out the claims against Deloitte LLP after the claimant did not provide representations in response to an opportunity to explain why that claim should not be struck out. The tribunal stated that Deloitte LLP were the administrators of the first respondent and were 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. The award was remuneration for 90 days beginning on 15 April 2020, but no monetary figure was stated. | Upheld | — | — |
| Other | Claims against the second respondent, Deloitte LLP, were struck out because Deloitte LLP were the administrators of the first respondent and not the claimant's 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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