Case 2501442/2023 · Employment Tribunal
Mr K Carr and others as named on the attached schedule v Norstead Limited “In Administration” — 2024
- Case reference
- 2501442/2023
- Decision date
- 15 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Arullendran Date
Parties
2 namedClaimant
Mr K Carr and others as named on the attached schedule
Respondent
Key findings
Tribunal's reasoningThe Tribunal entered judgment under Rule 21 because no response had been received from the respondent. The administrator had informed the Tribunal that the respondent was in administration, agreed to the moratorium being lifted so the claims could proceed, and did not intend to admit or defend any claim.
The Tribunal found that 52 employees were dismissed as redundant between 24 February 2023 and 28 February 2023. It found there was no proper warning or consultation with a recognised trade union or with the claimants, and no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act.
The Tribunal held that the respondent was in breach of the duty under section 188 of the 1992 Act and made a protective award under section 189 for the maximum protected period of 90 days beginning on 24 February 2023. The recoupment regulations apply, and payment is not required until the respondent receives a recoupment notice or notification that none will be served.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The judgment upheld claims under section 189 TULRCA 1992 for failure to comply with section 188 collective consultation requirements and made a protective award of 90 days' remuneration, but did not quantify a monetary amount. | Upheld | — | — |
Legal tests applied
4 references- Employment Tribunals Rules of Procedure 2013 Rule 21
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A 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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