Case 2410405/2019 · Employment Tribunal
Ms T Lyon, Miss J Andrews, Miss L Crabbe, Miss J Carroll, Mr J Richter, Miss L Hudson, Mr A Johnson, Mr M Davies, Miss N Stenson, Mr R Owen, Ms J Lyle. v Asel Fashion Limited (in Creditors Voluntary Liquidation) — 2019
- Case reference
- 2410405/2019
- Decision date
- 28 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Benson Representation
- Venue
- Liverpool
Parties
2 namedClaimant
Ms T Lyon, Miss J Andrews, Miss L Crabbe, Miss J Carroll, Mr J Richter, Miss L Hudson, Mr A Johnson, Mr M Davies, Miss N Stenson, Mr R Owen, Ms J Lyle.
Key findings
Tribunal's reasoningThe tribunal amended the respondent's name to Asel Fashion Limited (in Creditors Voluntary Liquidation) and amended Laura Hudson's name to Lauren Hudson. Ms J Andrews and Ms T Lyons did not attend the hearing, and their claims were dismissed.
On the substantive claims, the tribunal found the complaint under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 to be well founded. It made a protective award for a protected period of 90 days beginning on 12 May 2019 in respect of the employees covered by the award.
The tribunal also found that the respondent had breached each claimant's contract by not providing notice, had failed to give itemised pay statements, had failed to provide a statement of main terms of employment, had failed to pay in lieu of entitlement to annual leave, and had made unauthorised deductions from wages for each claimant other than Mr R Owen. Remedy was reserved, and the annex recorded the recoupment provisions applicable to the protective award, but no quantified monetary award was set out in this judgment.
Claims and outcomes
7 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Section 188 TULRCA 1992 complaint found well founded; the tribunal made a protective award for a protected period of 90 days beginning on 12 May 2019. | Upheld | — | — |
| Breach of contract | Respondent breached each claimant's contract by not providing notice. | Upheld | — | — |
| Other | Respondent failed to give the claimants itemised pay statements. | Upheld | — | — |
| Other | Respondent failed to provide the claimants with a statement of main terms of employment. | Upheld | — | — |
| Holiday pay | Respondent failed to pay the claimant in lieu of entitlement to annual leave. | Upheld | — | — |
| Unlawful deduction from wages | Unauthorised deductions from wages were found in respect of each claimant other than Mr R Owen. | Upheld | — | — |
| Other | Ms J Andrews and Ms T Lyons did not attend, and their claims were dismissed. |
Legal tests applied
1 reference- s.188 TULRCA 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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