Case 2304776/2020 · Employment Tribunal
Ms R Lopez Valerga v Byron Hamburgers Ltd (in Administration) and 1 other — 2022
- Case reference
- 2304776/2020
- Decision date
- 12 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge A.M.S. Green
Parties
3 namedClaimant
Ms R Lopez Valerga
Key findings
Tribunal's reasoningThe tribunal struck out the claimant's claim for a redundancy payment on the basis that it had no reasonable prospect of success.
The tribunal found the claimant's 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 the 1992 Act for 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 tribunal stated that the recoupment of benefits regulations applied and that the second respondent ought to pay 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
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The claimant's claim for a redundancy payment was struck out as having no reasonable prospect of success. | Struck out | — | — |
| Other | The application for a protective award pursuant to section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 was found to be well founded. The judgment specified a 90-day protected period but did not state a monetary sum. | 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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