Case 2402876/2019 · Employment Tribunal
Mr P Mailey & others (See Schedule) v Quinns Belfast (2009) Ltd (In creditors’ voluntary liquidation) — 2019
- Case reference
- 2402876/2019
- Decision date
- 23 December 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Parkin Date
Parties
2 namedClaimant
Mr P Mailey & others (See Schedule)
Key findings
Tribunal's reasoningThe claims were brought by Mr P Mailey and others for a protective award arising from alleged breach of the collective consultation requirements. The respondent did not comply with an Unless Order made on 8 November 2019, did not provide witness statements, and after entering creditors’ voluntary liquidation on 21 October 2019 gave no further indication that it was continuing to resist the claims. The tribunal therefore determined the matter under Rule 21 on the written material, including the claimants’ witness statements, without a hearing.
The tribunal found that Quinns Belfast (2009) Ltd employed more than 20 employees at its Liverpool site at Unit 16, Spinouse Road, Liverpool L24 1YA, that there was no recognised trade union, and that no employee representatives had been elected or appointed for consultation. Although a meeting was held with almost all of the workforce on 9 January 2019 following an invitation dated 7 or 8 January 2019, there had been no proper warning or consultation before redundancy dismissals were put into effect. The first dismissal took effect on 9 January 2019 and others followed through to 18 January 2019.
On those facts the tribunal held that the respondent had breached its collective information and consultation obligation under section 188 of the 1992 Act. Under section 189 it made protective awards in favour of each claimant named in the schedule for the maximum protected period of 90 days beginning on 9 January 2019. The decision also stated that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 applied to the awards.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award for breach of collective consultation obligations under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. | Upheld | — | — |
Legal tests applied
4 references- Rule 21
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 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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