Case 2601362/2023 · Employment Tribunal
Mr D Ashley and others v Loscoe Chilled Foods Limited (in Administration) and 1 other — 2024
- Case reference
- 2601362/2023
- Decision date
- 10 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McTigue
- Venue
- Nottingham
Parties
3 namedClaimant
Mr D Ashley and others
Key findings
Tribunal's reasoningThe claim was brought by the scheduled claimants, who were employed by Loscoe Chilled Foods Limited. The company was in administration, and a joint administrator confirmed that he did not object to the claim continuing. No response was presented by the First Respondent; the Secretary of State was an interested party and the Tribunal considered its written submissions.
The Tribunal found that the First Respondent failed to organise the election of employee representatives and failed to consult the claimants in accordance with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.
The Tribunal declared that the First Respondent had failed to comply with those obligations and made a protective award under section 189 TULRCA in favour of the scheduled claimants for 90 days starting on 20 March 2023. The judgment states that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply to the award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim for failure to organise election of employee representatives and consult under sections 188 and 188A TULRCA; no monetary total stated in the judgment. | Upheld | — | — |
Legal tests applied
3 references- sections 188 and 188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 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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