Case 3324526/2019 · Employment Tribunal
Mr Cohen For the v Westex Ltd — 2020
- Case reference
- 3324526/2019
- Decision date
- 3 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tynan Appearances
Parties
2 namedClaimant
Mr Cohen For the
Respondent
Key findings
Tribunal's reasoningThe Tribunal found the Claimants' complaints under s189 of the Trade Union & Labour Relations (Consolidation) Act 1992 to be well founded in relation to the Respondent's failure to inform and collectively consult about proposed redundancies. For Mr Cohen, it made a protective award requiring payment of remuneration for a protected period of 90 days, calculated at £152.77 per day.
Mr Cohen was also permitted to amend his claim to include damages for breach of contract based on non-payment of notice. The Tribunal found that he had been continuously employed for over 14 years and was dismissed with immediate effect on 18 September 2019 without notice or payment in lieu of notice.
Although evidence showed a contractual notice period of six months, the Tribunal limited the award to the 12-week statutory notice period because the administrators' consent was given to facilitate a claim to the Insolvency Service. Mr Cohen's gross pay for that period was £9,166.15, reduced by £6,226 earned in mitigation, leaving damages of £2,940.15.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The Tribunal declared the complaint under s189 of the Trade Union & Labour Relations (Consolidation) Act 1992 well founded and made a 90-day protective award for Mr Cohen. | Upheld | — | £13,749 |
| Breach of contract | Mr Cohen was dismissed without notice or payment in lieu of notice. The Tribunal limited damages to his 12-week statutory notice period, giving credit for earnings in mitigation. | Upheld | — | £2,940 |
Remedy
Monetary award- Total award
- £16,689
- across all upheld claims
Legal tests applied
1 reference- s189 of the Trade Union & 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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