Case 2409143/2020 · Employment Tribunal
Miss E Rook v v Oasis Fashions Limited (in administration) — 2022
- Case reference
- 2409143/2020
- Decision date
- 22 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hawksworth Date
Parties
2 namedClaimant
Miss E Rook v
Key findings
Tribunal's reasoningThe respondent stated that it did not contest the claimant's claim for a protective award. The tribunal issued judgment under rule 21 without a hearing, finding the complaint of failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 well-founded.
The tribunal found that the respondent proposed to make 34 redundancies at its Manchester Trafford Solus site and did not fully inform and consult with the claimant as required. It found there was no proper warning or consultation and that no employee representatives were elected or appointed for consultation as required under section 188A.
The tribunal made a protective award under section 189 for the maximum protected period of 90 days beginning on 15 April 2020. The judgment stated that the recoupment regulations applied and did not specify a monetary amount.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award claim for failure to comply with collective consultation requirements under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The award was expressed as remuneration for 90 days, with no monetary figure stated. | Upheld | — | — |
Legal tests applied
4 references- Employment Tribunals Rules of Procedure 2013 rule 21
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 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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