Case 2406144/2020 · Employment Tribunal
Mr K Lake & others (see schedule) v Shearings Ltd (in administration) & others (see schedule) and 1 other — 2022
- Case reference
- 2406144/2020
- Decision date
- 25 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson Date
Parties
3 namedClaimant
Mr K Lake & others (see schedule)
Key findings
Tribunal's reasoningThe judgment was made by consent under Rule 64 after a joint application by the Claimants and First Respondent, with the Second Respondent consenting. Permission was granted for the listed claims to proceed against the First Respondent and for the moratorium to be lifted in relation to those claims.
The tribunal recorded that the marked claimants in the schedule were employed by the First Respondent and, beginning on 22 May 2020, were dismissed by reason of redundancy. It found by consent that the First Respondent failed to adequately comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992, and the protective award claim under section 189 succeeded.
The First Respondent was ordered to pay remuneration to the named claimants for a protected period of 60 days beginning on 22 May 2020. Further proceedings were stayed, claims against named respondents other than the First Respondent were dismissed on withdrawal, and the Recoupment Regulations were stated to apply.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under sections 188 and 189 of the Trade Union & Labour Relations (Consolidation) Act 1992. The judgment also states that all claims against any named respondent other than the First Respondent were dismissed on withdrawal. | Upheld | — | — |
Legal tests applied
3 references- Rule 64 of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013
- section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992
- section 189 of the Trade Union & 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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