Employment Tribunal Upholds Workers' Claims Against Employer
📌 In brief
The Employment Tribunal ruled in favour of workers who claimed their employer failed to comply with trade union rights and breached contractual obligations. The tribunal ordered the employer to provide financial compensation for these breaches.
⚖️ Legal holding
An employer must comply with statutory requirements concerning trade union rights and contractual obligations to avoid liability for damages and protective awards.
📖 What the law says
An employer can face complaints to an employment tribunal if they fail to comply with certain requirements regarding the election of employee representatives or other matters concerning employee representatives. If the complaint is found well-founded, the tribunal can declare it so and may order the employer to pay a protective award to affected employees.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The claimant succeeded in their claims for breach of contract and statutory protections under employment law.
📜 Headnote Official document
The Employment Tribunal found the claimant's complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 well-founded, ordering the employer to pay protective awards. Additionally, the breach of contract claims were successful, with damages awarded.
📚 Full judgment Official document
OUTCOME: Allowed
Case Number: 1300249/2024 and others EMPLOYMENT TRIBUNALS Claimant: [redacted] First Respondent: [redacted] Second Respondent: [redacted] Heard at: Birmingham Employment Tribunal in public (by CVP) On: 20 April 2026 Before: Employment Judge Chivers Representation Claimant: [redacted] First Respondent: [redacted] Respondent: [redacted]
1. The claimants in these proceedings are identified in Schedule A (attached to this Judgment). Schedule A includes the named claimant in the lead claim number.
2. The complaint under section 189 Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”) of a failure by the first respondent to comply with the requirements of section 188 or section 188A of the Act is well-founded and succeeds.
3. The Tribunal makes a protective award in respect of each of the claimants referred to in Schedule A and the first respondent is ordered to pay remuneration to each claimant in Schedule A for a protected period of 90 days starting on 12 October 2023.
4. The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to the protective awards and attention is drawn to the Annex in this Judgment.
5. The complaint of breach of contract is well-founded. The Tribunal orders the first respondent to pay to each of the claimants referred to in Schedule B the gross sum of £5000 as damages for breach of contract subject to any statutory deductions. Employment Judge Chivers Date: 20 April 2026 SCHEDULE A 1. 1300249/2024 [NAME] [APPELLANT] 2. 1300250/2024 Miss [APPELLANT] 3. 1300251/2024 Mrs [NAME] [NAME] 4. 1300252/2024 Mrs [NAME] 5. 1300253/2024 Mrs [NAME] 6. 1303134/2025 [NAME] 7. 1303135/2025 [NAME] 8. 1303136/2025 [NAME] 9. 1303137/2025 [NAME] 10. 1303138/2025 [NAME] 11. 1303139/2025 [NAME] 12. 1303140/2025 [NAME] 13. 1303141/2025 [NAME] 14. 1303142/2025 [NAME] 15. 1303144/2025 [NAME] 16. 1303145/2025 [NAME] 17. 1303146/2025 [NAME] 18. 1303147/2025 [NAME] 19. 1303148/2025 [NAME] [NAME] 20. 1303149/2025 [NAME] 21. 1303150/2025 [APPELLANT] B 1. 1300249/2024 [NAME] [APPELLANT] 2. 1300250/2024 Miss [APPELLANT] 3. 1300251/2024 Mrs [NAME] [NAME] 4. 1300252/2024 Mrs [NAME] 5. 1303134/2025 [NAME] 6. 1303135/2025 [NAME] [NAME] 7. 1303136/2025 [NAME] 8. 1303142/2025 [NAME] 9. 1303147/2025 [NAME] 10. 1303148/2025 [NAME] [NAME] 11. 1303150/2025 [NAME]
📊 How courts decide similar cases
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A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The employer did not comply with statutory requirements concerning trade union rights.
- The employer failed to meet contractual obligations regarding notice periods and written statements of employment particulars.
- The employer made unauthorised deductions from the employee's wages without lawful justification.
- The employer did not make reasonable adjustments for a disabled employee.
- The employer dismissed an employee unfairly.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided that the employer must pay protective awards and damages for breach of contract.
Who was involved?
The claimant, who is a worker, and the first respondent, which is an employer in voluntary liquidation.
How did the court decide, and why?
The court found that the employer failed to comply with statutory requirements concerning trade union rights and breached contractual obligations.
Which laws or rules were applied?
The Trade Union and Labour Relations (Consolidation) Act 1992 and Employment Protection (Recoupment of Benefits) Regulations 1996 were applied.
What was the argument that mattered most?
The employer's failure to comply with statutory requirements concerning trade union rights and contractual obligations was central to the decision.
Was the decision for or against the person who brought the case?
The decision was in favour of the claimant.
What does this mean for someone in a similar situation?
Someone in a similar situation may be entitled to protective awards and damages if their employer breaches statutory requirements or contractual obligations.
What evidence or documents mattered?
Evidence showing non-compliance with statutory requirements and breach of contract was crucial.
Can a decision like this be appealed?
Yes, decisions from the Employment Tribunal can often be appealed to the Employment Appeal Tribunal.
Is it worth getting a solicitor for a case like this?
It is advisable to seek legal advice from a qualified solicitor for such cases.