Case 2413675/2019 · Employment Tribunal

Mrs M Kahn v Border Cars Group Ltd (in Administration) — 2021

Case reference: 2413675/2019
Decision date: 15 February 2021
Jurisdiction: England & Wales
Judge: Employment Judge Holmes Dated

Indexed: 20 May 2026

Parties

2 named

Claimant

Mrs M Kahn

Respondent

Border Cars Group Ltd (in Administration)

Key findings

Tribunal's reasoning

This was a Rule 21 judgment after the consent of the administrators had been obtained, the response period had expired, and no valid response had been filed. The Tribunal therefore recorded that the respondent failed to consult with the claimant as a person who may be affected by proposals to dismiss, or measures taken in connection with the dismissal of, 20 or more employees, contrary to s.188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. The claimant was held entitled to a protective award for a protected period of 90 days from 10 July 2019, but the judgment stated that no financial award was made at this stage and that quantification would be pursued separately under s.192 if needed.

The Tribunal also found that the claimant was dismissed in breach of contract and was entitled to notice pay. It recorded that she was entitled to 12 weeks' notice at £307.69 per week, totalling £3,692.28, and that she received benefits of £167.09 and earnings of £1,903.80 during the notice period, leaving a loss of £1,621.39. The respondent was ordered to pay £1,621.39 as damages for breach of contract, gross and subject to deductions for tax and national insurance.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Trade union	The Tribunal found a failure to consult under s.188(1) TULRCA 1992 and held the claimant entitled to a protective award for a protected period of 90 days from 10 July 2019. The judgment said no financial award was made at this stage; any payment/quantification would be dealt with separately under s.192 if necessary.	Upheld	—	—
Breach of contract	The Tribunal held that the claimant was dismissed in breach of contract and entitled to notice pay. It recorded 12 weeks' notice at £307.69 per week (£3,692.28), less benefits of £167.09 and earnings of £1,903.80 during the notice period, leaving £1,621.39 damages, gross and subject to tax/NIC deductions.	Upheld	—	£1,621

Remedy

Monetary award

Total award: £1,621; across all upheld claims

Legal tests applied

3 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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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