Case 2206208/2018 · Employment Tribunal
Miss L Owens & others v Mr F Prewett & others Oxygen Freejumping Limited (In Administration) — 2019
- Case reference
- 2206208/2018
- Decision date
- 17 July 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge L Doherty
Parties
2 namedClaimant
Miss L Owens & others
Key findings
Tribunal's reasoningThe tribunal found that the Claimants were employed by the Respondent in various descriptions of employee and that on 28 June 2018 Antony Nygate and Martha Thompson of BDO LLP were appointed as joint administrators of the Respondents. It further found that on the same date the Claimants were dismissed by reason of redundancy.
The tribunal found that the Respondents did not inform and consult with the Claimants in accordance with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The Claimants therefore brought a complaint under section 189 seeking a protective award for that failure.
By consent of the parties, the tribunal made a protective award in favour of the Claimants only and ordered the Respondent to pay remuneration to the Claimants for a protective period of 8 weeks from 28 June 2018. The judgment states that the Claimants agreed to seek payment of those sums from the Redundancy Payment Service. It also records that if any Claimant could not recover all or part of the protective award from the RPS, those sums would not be an administration expense and would instead be recoverable only as an unsecured debt claim.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The tribunal upheld the section 189 complaint arising from the Respondent's failure to inform and consult under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment records that a protective award was made for a protective period of 8 weeks from 28 June 2018, but it does not set out a monetary figure. | Upheld | — | — |
Legal tests applied
3 references- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.188A Trade Union and Labour Relations (Consolidation) Act 1992
- s.189 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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