Case 2501776/2021 · Employment Tribunal
GMB Trade Union v Cleveland Bridge UK Limited (in administration) — 2022
- Case reference
- 2501776/2021
- Decision date
- 5 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden REPRESENTATION
Parties
2 namedClaimant
GMB Trade Union
Key findings
Tribunal's reasoningThe tribunal held that the GMB Trade Union's claim that Cleveland Bridge UK Limited (in administration) failed to comply with the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded.
The tribunal ordered a protective award under section 189(3) of the 1992 Act. The award was a payment equivalent to remuneration for 90 days beginning on 2 August 2021, payable to hourly-paid employees employed at the respondent's Darlington site who were dismissed as redundant on or after 2 August 2021. The judgment stated that Mr Davies and Ms Hall were included among those entitled to the protective award, notwithstanding dismissal of their individual complaints.
The judgment also recorded that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply. The respondent was required to supply specified employee information to the Secretary of State, and payment under the protective award was not required until a recoupment notice or notification was received.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The claim was that the respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992; the tribunal made a protective award under section 189(3). The locked taxonomy has no specific protective award category. | Upheld | — | — |
Legal tests applied
3 references- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189(3) of the Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996
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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