Case 2414544/2019 · Employment Tribunal
Ms Nanette Garbutt v Sonetik UK Ltd (In voluntary liquidation) — 2020
- Case reference
- 2414544/2019
- Decision date
- 3 August 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phil Allen
Parties
2 namedClaimant
Ms Nanette Garbutt
Key findings
Tribunal's reasoningThe judgment was issued under Rule 21 because the respondent had not presented a response to the claims and the Tribunal considered it possible to determine the matter without a hearing.
The Tribunal found that the respondent failed to comply with its statutory collective consultation obligations under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 before proposed redundancy dismissals took effect at the Preston establishment. It made a protective award in respect of the claimant, ordering payment of remuneration for a protected period of 90 days beginning on 25 September 2019, subject to the recoupment regulations.
The Tribunal also found that the respondent made an unauthorised deduction from the claimant's wages and ordered payment of £758.41 gross. It further found that the respondent breached the claimant's contract by failing to pay expenses incurred and ordered damages of £223.13.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claim for failure to comply with statutory collective consultation obligations under Section 188 TULRCA 1992 before proposed redundancy dismissals; Tribunal made a protective award of 90 days' remuneration beginning on 25 September 2019, but the monetary amount was not quantified. | Upheld | — | — |
| Unlawful deduction from wages | The respondent was ordered to pay the claimant the gross sum of £758.41 for unauthorised deduction from wages. | Upheld | — | £758 |
| Breach of contract | The respondent breached contract by failing to pay expenses incurred and was ordered to pay damages of £223.13. | Upheld | — | £223 |
Legal tests applied
3 references- Employment Tribunals Rules of Procedure 2013 – Rule 21
- Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- Sections 189(1)(d), (2), (3) and (4) of the 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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