Case 3306206/2020 · Employment Tribunal

Mrs Jody Gerrard & Others v M Realisations 2020 Ltd (formerly Monsoon Accessorize Ltd) In Administration); and and 1 other — 2023

Case reference: 3306206/2020
Decision date: 16 March 2023
Jurisdiction: England & Wales
Judge: Employment Judge Tynan Appearances

Indexed: 18 May 2026

Parties

3 named

Claimant

Mrs Jody Gerrard & Others

Respondents

Key findings

Tribunal's reasoning

The Tribunal found that, as at 1 June 2020, two groups of Monsoon Accessorize stores each constituted an establishment for the purposes of section 188 of TULR(C)A 1992. It also found that there was no recognised trade union or appointed or elected employee representative for the relevant purposes.

The Tribunal found that the First Respondent's duty under section 188(1) had been triggered by no later than 1 June 2020, with a 30-day consultation period applying in each case. It found that the First Respondent failed to facilitate the appointment or election of employee representatives, failed to provide the prescribed information, and failed to consult as required.

The complaints were declared well founded. The Tribunal made a protective award requiring the First Respondent to pay remuneration to the Claimants for a protected period of 85 days.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Other	Complaints under section 189 concerning alleged breaches of sections 188 and 188A of TULR(C)A 1992 were declared well founded, and a protective award was made for an 85-day protected period.	Upheld	—	—

Legal tests applied

6 references

Official outcome judgment PDF

Gov.uk primary record

The 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

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