Case 2408763/2022 · Employment Tribunal
Mr B Michaels & Others (See Schedule) v NWP Electrical & Mechanical Limited — 2023
- Case reference
- 2408763/2022
- Decision date
- 11 April 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge R Brace Members
- Venue
- Cardiff
- Panel members
- Mrs R Hartwell, Mrs A Burge
Parties
2 namedClaimant
Mr B Michaels & Others (See Schedule)
Respondent
Key findings
Tribunal's reasoningThe tribunal found that NWP Electrical & Mechanical Limited employed over 20 employees at its St Asaph establishment, where there was no recognised trade union and no employee representatives had been elected or appointed for collective consultation. The employees were notified on 8 July 2022 that administrators had been appointed and that all staff were redundant on that date.
On the evidence of Bryan Michaels and the bundle, the tribunal found there was no proper warning, notice, or consultation with the workforce before the dismissals took effect. It held that the respondent was in breach of its duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
The tribunal therefore made a protective award under section 189 in favour of the claimants named in the schedule, ordering remuneration for the maximum protected period of 90 days beginning on 8 July 2022. It also noted that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 applied, and set out the employer's recoupment obligations to the Secretary of State.
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 and Labour Relations (Consolidation) Act 1992 for failure to carry out collective consultation before proposed redundancy dismissals; the award applied to the claimants named in the schedule. | Upheld | — | — |
Legal tests applied
3 references- Section 188 TULRCA 1992
- Section 189 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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