Case 2204348/2020 · Employment Tribunal
Ms J Gate v v Warehouse Fashions Limited and 2 others — 2022
- Case reference
- 2204348/2020
- Decision date
- 21 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hawksworth Date
Parties
4 namedClaimant
Ms J Gate 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 and found that the first respondent had failed to comply with the collective consultation requirements under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
The tribunal found that the first respondent proposed to make 91 redundancies at its Olivers Yard site, that there was no proper warning or consultation with the claimant, and that no employee representatives were elected or appointed for consultation as required under section 188A. It made a protective award for the maximum protected period of 90 days beginning on 15 April 2020.
The claims against Deloitte LLP were struck out because the tribunal found the claimant had not shown why they should continue against Deloitte LLP, whose actions were taken as administrators of the first respondent rather than as the claimant's employer. The claimant's notice pay and holiday pay claims were not determined in this judgment and were to be listed separately.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The tribunal found the complaint against the first respondent for failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 well-founded and made a protective award for 90 days' remuneration from 15 April 2020. No monetary amount was stated. | Upheld | — | — |
| Other | The claims against the second respondent, Deloitte LLP, were struck out. The tribunal recorded that Deloitte LLP's actions were taken in its capacity as administrator of the first respondent, not as 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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