Case 2406284/2020 · Employment Tribunal
Mr P Edwards Mr M Misner Mr D Burley v Shearings Ltd (in administration) and 1 other — 2022
- Case reference
- 2406284/2020
- Decision date
- 14 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson Date
Parties
3 namedClaimant
Mr P Edwards Mr M Misner Mr D Burley
Key findings
Tribunal's reasoningThe judgment was made by consent under Rule 64 following a joint application by the Claimants and the First Respondent, with the Second Respondent consenting. The administrators of the First Respondent granted permission for the claims to proceed and for the moratorium to be lifted in relation to the claims.
The tribunal recorded that the claimants marked in the attached 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 claim for a protective award under section 189 succeeded.
The First Respondent was ordered to pay remuneration to the Claimants for a protected period of 60 days beginning on 22 May 2020. The judgment stated that the Recoupment Regulations apply, that further proceedings were stayed, that claims against named respondents other than the First Respondent were dismissed on withdrawal, and that there was no order as to costs.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992 succeeded. The judgment also records 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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