Case 4100245/2022 · Employment Tribunal
Mr F Hanlon and others (see Schedule A) v Weir & McQuiston (Scotland) Limited (In Administration) — 2022
- Case reference
- 4100245/2022
- Decision date
- 3 August 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Whitcombe
- Venue
- Glasgow
Parties
2 namedClaimant
Mr F Hanlon and others (see Schedule A)
Key findings
Tribunal's reasoningThe tribunal first determined that there were no appropriate representatives for the purposes of s.188(1) TULRCA 1992, whether trade union representatives or elected representatives. On that basis, the claim brought by Unite the Union failed and was dismissed.
With the consent of those present, the preliminary hearing was converted under rule 48 into a final hearing for all remaining issues. The tribunal recorded that no prejudice was caused to any party, including the respondent, which was not actively defending the claim.
For the remaining claimants, the tribunal found that the respondent dismissed as redundant more than 20 employees at a single establishment within a period of 90 days or less. It also found that the respondent failed to arrange for the election of employee representatives in order to comply with s.188 TULRCA 1992, was in wholesale breach of its obligations under ss.188 and 188A TULRCA 1992, and had not proved special circumstances under s.188(7) TULRCA 1992.
The remaining claimants were found to be affected employees, employees dismissed as redundant, or both. They were awarded a protective award of 90 days' pay beginning with 11 November 2021, payable by the respondent to each claimant. No monetary total or per-claimant financial figure was stated in the judgment.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The claim brought by Unite the Union was dismissed because the tribunal found there were no appropriate representatives for the purposes of s.188(1) TULRCA 1992. | Dismissed | — | — |
| Other | The remaining claimants succeeded in claims for a protective award arising from collective redundancy consultation obligations under ss.188 and 188A TULRCA 1992. The award was expressed as 90 days' pay for each claimant, not as a monetary figure. | Upheld | — | — |
Legal tests applied
5 references- s.188(1) TULRCA 1992
- rule 48
- s.188 TULRCA 1992
- s.188A TULRCA 1992
- s.188(7) 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
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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