Case 3203074/2019 · Employment Tribunal
Ms M Blamires v TCCT Retail Ltd and 3 others — 2022
- Case reference
- 3203074/2019
- Decision date
- 27 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
5 namedKey findings
Tribunal's reasoningThe Tribunal issued a Rule 21 judgment without a hearing after the first to third respondents presented no response and the Official Receiver confirmed that the protective award claims would not be contested. The first to third respondents were in compulsory liquidation, and the High Court had granted permission for the claims to proceed.
The Tribunal found that the claimant was employed by the second respondent, which employed more than 20 employees at the White Rose retail store in Leeds. The claimant was not a member of a recognised trade union or bargaining unit at that store. The first to third respondents entered 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 that there was no proper warning, notice, or consultation with recognised trade unions or the claimant, and no employee representatives had been elected or appointed for consultation under section 188A. It held that the second respondent breached the duty under section 188 of the 1992 Act and made a protective award in favour of the claimant for the maximum protected period of 90 days from 23 September 2019, subject to the recoupment regulations.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with collective consultation requirements under section 188. The judgment awarded 90 days' remuneration but did not state a monetary figure. | Upheld | — | — |
Legal tests applied
5 references- Employment Tribunals Rules of Procedure 2013 - Rule 21
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 of the 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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