GMB v Wilko Retail Ltd and others: 2601996/2019
JUDGMENT
Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 – Rule 21[1]The claim against the Second, Third, Fourth, Fifth and Sixth Respondents is dismissed on withdrawal by the Claimant.[2]It is not disputed that the First Respondent has failed to comply with the requirements of Section 188 Trade Union & Labour Relations (Consolidation) Act 1992 and therefore the Tribunal makes a declaration that there was a breach of the provisions of that section.[3]The Tribunal accordingly makes a protective award in respect of all staff employed by the First Respondent at it’s Head Office establishment as at 31st January 2019 in respect of whom the Claimant had collective bargaining rights and whose employment terminated by reason of redundancy between 31st January 2019 and 12th April 2019.[4]The protected period is a period of 90 days commencing on 31st January 2019. 4.17 Rule 21 judgment – universal template. September 2017 2601996/2019[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 may apply to this award.