Case 2303629/2020 · Employment Tribunal
Miss R McPoland v Byron Hamburgers Ltd (in Administration) and 1 other — 2022
- Case reference
- 2303629/2020
- Decision date
- 12 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge A.M.S. Green
Parties
3 namedClaimant
Miss R McPoland
Key findings
Tribunal's reasoningThe claimant's claims for unfair dismissal, a redundancy payment, notice pay and holiday pay were dismissed upon withdrawal.
The tribunal found the application for a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 to be well founded. The first respondent was ordered to pay remuneration calculated under section 190 of that Act to the claimant, who was dismissed as redundant on 31 July 2020, for a protected period of 90 days from 31 July 2020 to 29 October 2020.
The judgment states that the Employment Protection (Recoupment of Benefits) Regulations 1996 apply to the award, including postponement to allow for any recoupment notice. It also states that the second respondent ought to pay the claimant such amount of the protective award as falls within the statutory guarantee provisions in Part XII of the Employment Rights Act 1996.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment states that the unfair dismissal claim was dismissed upon withdrawal. | Withdrawn | — | — |
| Redundancy | The judgment states that the redundancy payment claim was dismissed upon withdrawal. | Withdrawn | — | — |
| Wrongful dismissal | The judgment describes this as a claim for notice pay and states that it was dismissed upon withdrawal. | Withdrawn | — | — |
| Holiday pay | The judgment states that the holiday pay claim was dismissed upon withdrawal. | Withdrawn | — | — |
| Other | The judgment states that the application for a protective award pursuant to section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. | Upheld | — | — |
Legal tests applied
4 references- section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 190 of the Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Protection (Recoupment of Benefits) Regulations 1996
- Part XII of the Employment Rights Act 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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