Case 2418337/2020 · Employment Tribunal
Claimant v Debenhams Retail Limited (in Administration) — 2022
- Case reference
- 2418337/2020
- Decision date
- 22 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Broughton Date
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThe listed claimants were employed by Debenhams Retail Limited (in administration) at its Wigan store. The respondent entered administration on 9 April 2020, and the claimants were dismissed by reason of redundancy on 14 August 2020.
The tribunal found that the claimants were assigned to an establishment where 20 or more redundancies were proposed within 90 days, and that the respondent did not fully inform and consult with them in accordance with s.188 and s.188A of the Trade Union and Labour Relations (Consolidation) Act 1992. It made a protective award with a protected period of 90 days from the first dismissal date.
The judgment states that protective award payments rank as unsecured claims in the respondent's insolvency, although some payments may be recoverable from the Redundancy Payments Service. No costs or fees order was made, and the judgment applies only to the listed claimants.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The judgment upheld a complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to inform and consult under s.188 and s.188A, making a protective award with a protected period of 90 days from 14 August 2020. | Upheld | — | — |
Legal tests applied
2 references- section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
- s.188 and s.188A 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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