Case 2602737/2021 · Employment Tribunal
Mr S Murden and others 1st v NMCN plc (In Administration) 2nd Respondent: Secretary of State for Business, Energy & Industrial Strategy — 2022
- Case reference
- 2602737/2021
- Decision date
- 9 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phillips Members
- Venue
- Nottingham
- Panel members
- Mr J Akhtar, Ms H Andrews
Parties
2 namedClaimant
Mr S Murden and others 1st
Key findings
Tribunal's reasoningThe tribunal considered the written representations of the second respondent and noted the administrators for the first respondent had consented to the proceedings continuing. It found the claimants' complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992, based on an alleged failure by the first respondent to comply with section 188, were well-founded.
The tribunal ordered the first respondent, by way of a protective award under section 189(3) of the 1992 Act, to pay the claimants listed in the attached schedule a payment equivalent to remuneration for the period of 90 days beginning on 6 October 2021. The Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 were stated to apply to the award.
The written record states that reasons were given orally at the hearing and that written reasons would not be provided unless requested within the stated time limit. No further findings or remedy breakdown are set out in the extracted text.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188. The tribunal ordered a protective award for 90 days beginning on 6 October 2021, but the extracted text does not state individual monetary amounts. | Upheld | — | — |
Legal tests applied
3 references- section 188 TULRCA 1992
- section 189 TULRCA 1992
- section 189(3) TULRCA 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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