Case 3200364/2020 · Employment Tribunal
Ms D Harrop v Travel And Financial Services Ltd and 1 other — 2022
- Case reference
- 3200364/2020
- Decision date
- 27 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
3 namedClaimant
Ms D Harrop
Key findings
Tribunal's reasoningThe Tribunal gave judgment under rule 21 because the first respondent had not presented a response, the Official Receiver confirmed the protective award claims would not be contested, and the High Court had granted permission for the claim to proceed despite the first respondent's compulsory liquidation.
The Tribunal found that the claimant was employed by the first respondent at the Metro Centre retail store in Gateshead, where the first respondent employed over 20 employees. The first respondent went into compulsory liquidation on 23 September 2019, the Official Receiver was appointed at 1:47am, and the claimant was notified that her employment was terminated with immediate effect.
The Tribunal found there had been no proper warning, notice or consultation with recognised trade unions or with the claimant, and no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act. It held that the first respondent was in breach of section 188 and made the maximum protective award of 90 days' remuneration from 23 September 2019, subject to the recoupment regulations.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award under section 189(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with collective consultation requirements under section 188. Award expressed as 90 days' remuneration from 23 September 2019, not quantified as a monetary sum. | Upheld | — | — |
Legal tests applied
4 references- Rule 21 Employment Tribunals Rules of Procedure 2013
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A Trade Union and Labour Relations (Consolidation) Act 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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