Case 2406504/2022 · Employment Tribunal
Miss L Davis Miss T Hunter Miss M Comerford Miss R Lennon Miss H Hales v The IVA Advisor Ltd (In Administration) — 2023
- Case reference
- 2406504/2022
- Decision date
- 22 March 2023
- Jurisdiction
- England & Wales
- Venue
- Manchester
Parties
2 namedClaimant
Miss L Davis Miss T Hunter Miss M Comerford Miss R Lennon Miss H Hales
Respondent
Key findings
Tribunal's reasoningThe Tribunal held that the Claimants' complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 were well-founded because the Respondent had failed to comply with the requirements of section 188. The claim was for a protective award arising from that failure.
The Tribunal ordered the Respondent, under section 189(3) of the 1992 Act, to pay each Claimant a protective award equivalent to remuneration for a period of 90 days beginning on 10 August 2022. The annex records that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply to the awards.
The judgment record states that reasons were given orally at the hearing and that written reasons would not be provided unless requested in time. No separate monetary total for each Claimant is stated in the extracted text beyond the 90-day remuneration order.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Complaint under s.189 TULRCA 1992 for a protective award based on the Respondent's failure to comply with s.188 TULRCA 1992. The Tribunal ordered a protective award equivalent to 90 days' remuneration beginning on 10 August 2022, but no separate monetary figure was stated in the extracted text. | Upheld | — | — |
Legal tests applied
4 references- s.188 TULRCA 1992
- s.189 TULRCA 1992
- s.189(3) TULRCA 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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