Case 4100203/2023 · Employment Tribunal
Mr R E Gilchrist v The Adventure Trust SCIO — 2024
- Case reference
- 4100203/2023
- Decision date
- 28 March 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge F Eccles
Parties
2 namedClaimant
Mr R E Gilchrist
Respondent
Key findings
Tribunal's reasoningEmployment Judge F Eccles issued a rule 21 judgment on the available material. The claimant was found entitled to bring the complaint because it concerned a failure relating to the consultation and election of employee representatives, and the claimant had been dismissed as redundant. No response was presented within the applicable time limit.
The Tribunal found that the complaint under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It found that the respondent had dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less, had failed to ensure that employee representatives were elected in accordance with section 188A, and had then failed to consult with them in accordance with section 188.
A protective award was made in respect of employees dismissed as redundant at The Adventure Trust SCIO, XSITE, King’s Inch Road, Braehead, Renfrewshire, PA4 8XG. The respondent was ordered to pay remuneration for the protected period, which was stated to begin on 15 November 2022 and run for 90 days. The judgment does not set out a monetary figure for the award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under TULRCA ss.188 and 188A. The judgment does not quantify a monetary amount; it orders remuneration for the protected period. | Upheld | — | — |
Legal tests applied
3 references- Rule 21 Employment Tribunal Rules of Procedure 2013
- s.188 TULRCA 1992
- s.188A TULRCA 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
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