Case 2204299/2020 · Employment Tribunal
Ms D Szawica v Oasis and Warehouse Limited (in administration) and 1 other — 2022
- Case reference
- 2204299/2020
- Decision date
- 19 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hawksworth Date
Parties
3 namedClaimant
Ms D Szawica
Key findings
Tribunal's reasoningThe claimant withdrew all claims against the second respondent and all claims against the first respondent except for a protective award claim. Those withdrawn claims were dismissed on withdrawal under rule 52 of the Employment Tribunals Rules of Procedure 2013.
The remaining claim concerned alleged breaches of collective consultation requirements under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The first respondent did not contest the claim for a 90-day protective award, and judgment was issued without a hearing under rule 21.
The tribunal found that the first respondent proposed to make 43 redundancies at its Paul Street, London site, did not fully inform and consult with the claimant, gave no proper warning or consultation, and had no employee representatives elected or appointed for consultation as required. The claimant was dismissed by reason of redundancy on 15 April 2020, and the tribunal awarded the maximum protected period of 90 days' remuneration from that date.
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 under section 189(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188 collective consultation requirements; award was 90 days' remuneration from 15 April 2020, but no monetary amount was stated. | Upheld | — | — |
| Other | The claimant withdrew all claims against the second respondent, and all claims against the first respondent except the protective award claim. The judgment does not identify those withdrawn claims individually. | Withdrawn | — | — |
Legal tests applied
6 references- rule 21 Employment Tribunals Rules of Procedure 2013
- rule 52 Employment Tribunals Rules of Procedure 2013
- 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 Benefits) 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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