Case 2415728/2020 · Employment Tribunal
Mr N O’Reilly v Nationwide Accident Repair Services Ltd (in administration) and 1 other — 2021
- Case reference
- 2415728/2020
- Decision date
- 30 November 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dunlop Date
Parties
3 namedClaimant
Mr N O’Reilly
Key findings
Tribunal's reasoningThe Tribunal determined the matter on the papers with no attendance by any party. The claimant had been employed by the first respondent in its audit function in the north west region and was dismissed by reason of redundancy on 4 September 2020.
The Tribunal found that the respondents did not fully inform and consult with the claimant in accordance with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The claimant brought the complaint as an individual under section 189, there being no relevant employee representatives.
The Tribunal was satisfied that the claimant worked in a regional role falling within the respondent's “Head Office and Support Services” group, which formed the relevant establishment for the protective award claim, and that more than 20 people were proposed to be made redundant within that establishment. It made a protective award requiring payment of remuneration for a protected period of 90 days beginning on 4 September 2020, with no order for costs or fees.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The claim was for a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 arising from alleged failure to inform and consult under sections 188 and 188A. The locked taxonomy has no specific protective award category, so it is classified as other. | Upheld | — | — |
Legal tests applied
4 references- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- USDAW and anor v Ethel Austin Ltd and ors [2015] ICR 675
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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