Case 2414558/2019 · Employment Tribunal
Mr Matthew McDonnell v Sonetik UK Ltd (In voluntary liquidation) — 2020
- Case reference
- 2414558/2019
- Decision date
- 3 August 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phil Allen
Parties
2 namedClaimant
Mr Matthew McDonnell
Key findings
Tribunal's reasoningThe respondent did not present a response. On the information before Employment Judge Phil Allen, the Tribunal issued judgment under Rule 21 without a hearing.
The Tribunal found that the respondent failed to comply with statutory collective consultation obligations under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 before proposed redundancy dismissals took effect at its Preston establishment. It made a protective award for the claimant of 90 days' remuneration beginning on 25 September 2019, subject to the recoupment regulations.
The Tribunal also found an unauthorised deduction from wages and ordered payment of £4,431.69 gross. It found breach of contract in respect of notice and ordered damages of £5,170.31, and a further breach of contract for unpaid expenses with damages of £1,966.96.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claim for failure to comply with statutory collective consultation obligations before proposed redundancy dismissals was well founded. The Tribunal made a protective award of 90 days' remuneration beginning on 25 September 2019, but the judgment did not state a monetary amount for that award. | Upheld | — | — |
| Unlawful deduction from wages | The Tribunal found an unauthorised deduction from wages and ordered payment of the gross sum stated. | Upheld | — | £4,432 |
| Breach of contract | The Tribunal found dismissal in breach of contract in respect of notice and ordered damages in the sum stated. | Upheld | — | £5,170 |
| Breach of contract | The Tribunal found breach of contract for failure to pay expenses incurred and ordered damages in the sum stated. | Upheld | — | £1,967 |
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.
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