Mrs Diane McDonald v Debenhams Retail Ltd (In Administration) (Scotland : Protective Award) [2021] UKET 4103816/2020 (27 January 2021)

The tribunal found that the respondent failed to comply with the statutory duty to consult prior to redundancy, and therefore the claimant is entitled to a protective award.

Source-derived case information.

Citation: [2021] UKET 4103816/2020
Parties: Claimant: Mrs Diane McDonald; Respondent: Debenhams Retail Ltd (In Administration)
Jurisdiction: United Kingdom
Judgment Date: 27 January 2021
Procedural Posture: Employment Tribunal / Judgment
Outcome: Claim upheld
Legal Topics: Protective Award, Collective Redundancy, Consultation Requirements

Employment Law Protective Award Collective Redundancy Consultation Requirements

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Mrs Diane McDonald

Claimant

Debenhams Retail Ltd (In Administration)

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

1 Whether the respondent failed to comply with statutory consultation requirements prior to redundancy
2 Whether the claimant is entitled to a protective award

Ratio Decidendi

The tribunal found that the respondent failed to comply with the statutory duty to consult prior to redundancy, and therefore the claimant is entitled to a protective award.

Court Disposition

Claim upheld

Orders

Respondent to pay the claimant a protective award for failure to consult

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