Case 3323927/2019 · Employment Tribunal

Ms N Foster v Travel And Financial Services Ltd and 1 other — 2022

Case reference: 3323927/2019
Decision date: 2 September 2022
Jurisdiction: England & Wales
Judge: Employment Judge Ainscough Date

Indexed: 18 May 2026

Parties

3 named

Claimant

Ms N Foster

Respondents

Key findings

Tribunal's reasoning

The claim was determined under rule 21 because the first respondent did not present a response, the Official Receiver confirmed that the first respondent would not contest the protective award claim, and the Secretary of State made legal submissions. The Tribunal found it could issue judgment without a hearing on the information before it.

The Tribunal found that the claimant was employed as a Regional Manager and that the first respondent employed over 20 employees in the Regional Manager group. The claimant was not a member of a recognised trade union or part of a bargaining unit, and no employee representatives had been elected or appointed for consultation under section 188A of the 1992 Act.

The Tribunal found there was no proper warning, notice, or consultation with recognised trade unions or the claimant. It held that the first respondent breached the duty under section 188 of the 1992 Act and made a protective award under section 189 for the maximum protected period of 90 days commencing on 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 sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment awards remuneration for a 90-day protected period but does not state a monetary amount. The judgment records termination notification on 30 September 2020 and no consultation between 23 and 30 September 2020, while the protected period begins on 23 September 2019.	Upheld	—	—

Legal tests applied

5 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.

Open official judgment PDF on gov.uk

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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