Case 2415465/2020 · Employment Tribunal
Mr S Lewis Mrs K Ashcroft Mr P Richardson v Edward Dewhurst Ltd (in Creditors Voluntary Liquidation) — 2021
- Case reference
- 2415465/2020
- Decision date
- 5 February 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Slater REPRESENTATION
Parties
2 namedClaimant
Mr S Lewis Mrs K Ashcroft Mr P Richardson
Key findings
Tribunal's reasoningAt the Manchester hearing on 15 January 2021, Employment Judge Slater held that the claimants’ complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 was well-founded because the respondent had failed to comply with the section 188 consultation requirements. The respondent was Edward Dewhurst Ltd (in creditors’ voluntary liquidation), and the respondent did not attend or present a response.
The tribunal ordered a protective award under section 189(3) of the 1992 Act, payable to the claimants by reference to remuneration for a 90-day period beginning on 1 September 2020. The judgment does not set out a single monetary total for the award, only the length of the protected period.
The written record also states that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to the award and refers the respondent to its obligations under regulation 5. The judgment notes that Mr Lewis’ other complaints remain to be decided.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 that the respondent failed to comply with section 188 consultation requirements. The tribunal made a protective award equivalent to remuneration for the period of 90 days beginning on 1 September 2020, but the judgment does not state a single monetary sum. | Upheld | — | — |
Legal tests applied
3 references- section 188 TULRCA 1992
- section 189 TULRCA 1992
- section 189(3) 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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