Case 2204621/2020 · Employment Tribunal
Mrs A Lietke v Oasis and Warehouse Limited (in administration) v — 2022
- Case reference
- 2204621/2020
- Decision date
- 20 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hawksworth Date
Parties
2 namedClaimant
Mrs A Lietke
Key findings
Tribunal's reasoningThe respondent went into administration on 15 April 2020 and proposed 43 redundancies at its Paul Street site. The tribunal, proceeding under rule 21 and on the papers, recorded that the respondent did not contest the claim for a protective award and did not argue for a protected period shorter than 90 days.
The tribunal found that the respondent did not fully inform and consult 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 that no employee representatives were elected or appointed for consultation as required under section 188A, so the respondent was in breach of the statutory duty.
The tribunal recorded that the first of the dismissals to which the claim related took place on 15 April 2020, that the claimant was dismissed by reason of redundancy, and that the claim was presented within the relevant three-month period. It then made an award under section 189 in the claimant’s favour for the maximum protected period of 90 days beginning on 15 April 2020.
The judgment also directed compliance with the recoupment provisions in the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996, including provision of employee details and termination dates to the Secretary of State. The judgment does not state a cash figure for the award in the extracted text, only that it is a payment equivalent to remuneration for the protected period.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim for failure to comply with the collective consultation requirements in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal found the respondent had not fully informed and consulted, no employee representatives were elected or appointed, and ordered a protective award equivalent to remuneration for 90 days beginning on 15 April 2020. | Upheld | — | — |
Legal tests applied
4 references- rule 21
- s.188 TULRCA 1992
- s.188A TULRCA 1992
- s.189(3) TULRCA 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.