Case 2502530/2022 · Employment Tribunal

Mrs C Taylor-Wilson v Short Richardson and Forth Limited In Voluntary Liquidation — 2023

Case reference: 2502530/2022
Decision date: 4 July 2023
Jurisdiction: England & Wales
Judge: Employment Judge Arullendran Date

Indexed: 19 May 2026

Parties

2 named

Claimant

Mrs C Taylor-Wilson

Respondent

Short Richardson and Forth Limited In Voluntary Liquidation

Key findings

Tribunal's reasoning

The tribunal entered judgment under Rule 21 after no response was presented. It found that the respondent proposed to dismiss 20 or more employees as redundant and failed to carry out proper warning or consultation with a recognised trade union, employee representatives, or the claimant before the first dismissal took effect.

On that basis, the tribunal found a breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award under section 189 for the maximum protected period of 90 days beginning on 30 September 2022. The judgment also recorded that the recoupment regulations applied to that award.

The tribunal further found the wrongful dismissal claim well-founded because the claimant was summarily dismissed on 30 September 2022 without receiving her full statutory notice pay. It awarded the balance of £171.46 after deducting the amount already paid by the Redundancy Payments Service. The tribunal also found the holiday pay claim well-founded and awarded £529.38 as the outstanding balance for accrued but untaken leave after deducting the partial payment already received. No award was made for pension contributions, and the claim for an uplift under section 38 of the Employment Act 2002 was rejected because the claimant had been given a written statement of terms and conditions.

Claims and outcomes

4 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Other	Protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188. Award made for the maximum protected period of 90 days from 30 September 2022, but no monetary figure is stated in the judgment.	Upheld	—	—
Wrongful dismissal	Notice pay awarded as the difference between the claimant's normal weekly wage and the partial payment already received from the Redundancy Payments Service.	Upheld	—	£171
Holiday pay	Accrued and outstanding holiday pay under Regulation 14 of the Working Time Regulations 1998, after deducting the partial payment already received from the Redundancy Payments Service.	Upheld	—	£529
Other	Claim for an uplift under section 38 of the Employment Act 2002 was not well-founded because the tribunal found the claimant had been provided with a written statement of terms and conditions.	Dismissed	—	—

Legal tests applied

5 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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