Case 2408124/2020 · Employment Tribunal
Mr P O’Brien v Shearings Ltd (in administration) and 1 other — 2022
- Case reference
- 2408124/2020
- Decision date
- 15 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson Date
Parties
3 namedClaimant
Mr P O’Brien
Key findings
Tribunal's reasoningThe judgment was made by consent under Rule 64 after a joint application by the claimant and the first respondent, with the second respondent consenting. The administrators of the first respondent granted permission for the claim to proceed against the first respondent and lifted the moratorium for that claim.
The tribunal recorded that the claimant was employed by the first respondent and that, beginning on 22 May 2020, claimants were dismissed by reason of redundancy. It found that, in relation to the claimant, the first respondent failed to adequately comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992, so the protective award claim under section 189 succeeded.
The first respondent was ordered to pay remuneration for a protected period of 60 days beginning on 22 May 2020. Further proceedings were stayed, all claims against respondents other than the first respondent were dismissed on withdrawal, the Recoupment Regulations applied, and 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 sections 188 and 189 of the Trade Union & Labour Relations (Consolidation) Act 1992 succeeded. The tribunal ordered remuneration for a protected period of 60 days, but no monetary amount was specified. | 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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