Case 2406145/2020 · Employment Tribunal
Mr G Mellor & others (See Schedule) v Intalekt Holdings (Nelson) Limited (in creditors voluntary liquidation) — 2020
- Case reference
- 2406145/2020
- Decision date
- 15 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phil Allen
Parties
2 namedClaimant
Mr G Mellor & others (See Schedule)
Key findings
Tribunal's reasoningThe claimants sought a protective award for breach of the collective consultation requirements. No response was presented by the respondent, and the liquidators confirmed that they had no objection to the matter proceeding on a non-contentious basis. The Tribunal therefore issued judgment under Rule 21 without a hearing.
On the information before the Tribunal, 22 employees were made redundant at the respondent's establishment in Nelson on, or shortly after, 6 March 2020, and the first dismissal took effect on that date. The Tribunal found that there was no proper warning or notice given to the workforce and no consultation with them.
In those circumstances, the Tribunal held that the respondent was in breach of its duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It therefore made a protective award under section 189 in favour of the claimants named in the schedule for the maximum protected period of 90 days commencing on 6 March 2020.
The judgment also recorded that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply to the awards, and set out the respondent's obligations to provide the Secretary of State with the prescribed information for recoupment purposes.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim for breach of the collective consultation requirements under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The Tribunal made an award under section 189 for the maximum protected period of 90 days beginning on 6 March 2020. | 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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