Case 4100038/2023 · Employment Tribunal
Claimant v Centre for the Moving Image (In Administration) — 2023
- Case reference
- 4100038/2023
- Decision date
- 27 April 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Sangster Prospect
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThe Tribunal issued a rule 21 judgment on the available material. It found that no response had been presented within the applicable time limit, and that the respondent was in administration but the administrator had consented to the continuation of the proceedings by letter dated 18 January 2023. The Tribunal also found that Prospect was entitled to bring the claim because it concerned a failure relating to representatives of a trade union and Prospect was the relevant union.
The Tribunal held that the complaint that the respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It found that the respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less, and that it failed to carry out any consultation at all with the appropriate representatives of affected employees in accordance with section 188.
The Tribunal made a protective award in respect of all technical staff employed by the respondent who were dismissed as redundant in the protected period and ordered the respondent to pay remuneration for that period. The protected period was held to begin on 6 October 2022 and to last for 90 days. The judgment does not state any quantified sum for the award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim for failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment does not state a monetary amount. | Upheld | — | — |
Legal tests applied
2 references- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 of the Trade Union and 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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