Case 2406926/2024 · Employment Tribunal
Ms J McLoughlin and others (see Schedule) v BPS Solicitors Ltd (in creditors voluntary liquidation) and 1 other — 2025
- Case reference
- 2406926/2024
- Decision date
- 15 May 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Ms J McLoughlin and others (see Schedule)
Key findings
Tribunal's reasoningThe Tribunal gave judgment under Rule 22 because the first respondent had not presented a response, the Secretary of State had made legal submissions, and the Judge considered the claims for protective awards could be determined without a hearing.
The Tribunal found that the first respondent employed over 20 employees at 101 Old Hall Street, Liverpool, and that no trade union was recognised for collective bargaining, consultation or negotiation with the workforce. Employees were told at a meeting on 22 August 2024 that the Solicitors Regulation Authority had ordered the first respondent to cease trading and that all employees were told to leave the premises.
The Tribunal found there had been no proper warning, notice or consultation with the workforce, and no employee representatives had been elected or appointed for consultation within section 188A of the 1992 Act. It held that the first respondent was in breach of the duty under section 188 and made a protective award for the maximum protected period of 90 days commencing on 22 August 2024. The recoupment regulations apply to the awards.
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 and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188 collective consultation requirements. The award was expressed as remuneration for 90 days from 22 August 2024, not as a monetary sum. | Upheld | — | — |
Legal tests applied
4 references- Employment Tribunal Procedure Rules 2024, Rule 22
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A Trade Union and 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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