Case 2502595/2023 · Employment Tribunal
P Armstrong and others (see schedule) v Crown Doors and Shutters Limited (in compulsory liquidation) — 2023
- Case reference
- 2502595/2023
- Decision date
- 5 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden Date
Parties
2 namedClaimant
P Armstrong and others (see schedule)
Key findings
Tribunal's reasoningThe claimants brought complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992, alleging that the respondent failed to comply with section 188 consultation requirements in respect of their dismissals. The respondent did not present a response, and the Tribunal determined the complaints on the available material.
The Tribunal found that, as at 5 September 2023, the respondent was proposing to dismiss as redundant 20 or more employees at the relevant establishment within 90 days or less. It found there were no recognised trade union representatives or elected employee representatives for the affected employees, and that the respondent had not invited the affected employees to elect representatives or complied with the section 188 requirements.
The complaints were held to be well founded. The Tribunal made a protective award under section 189, setting the protected period at the maximum of 90 days from 5 September 2023 because it found there had been no consultation at all and no mitigating circumstances.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188 collective consultation requirements. The taxonomy has no dedicated protective award claim type; the judgment awards remuneration for 90 days but does not state a monetary figure. | Upheld | — | — |
Legal tests applied
3 references- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- GMB v Susie Radin Ltd [2004] EWCA Civ 180
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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