Case 4100385/2024 · Employment Tribunal
M Gillespie & Others ( and others per attached schedule) v Bureau Workspace Ltd (in administration) — 2024
- Case reference
- 4100385/2024
- Decision date
- 31 July 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Jones
Parties
2 namedClaimant
M Gillespie & Others ( and others per attached schedule)
Respondent
Key findings
Tribunal's reasoningThe tribunal issued a Rule 21 judgment on the available material because no response was presented within the applicable time limit. It noted that the respondent was in administration, but the administrator consented to the continuation of the proceedings by letter dated 21 February 2024. The tribunal also held that the claimants were entitled to bring the claim because none of the situations in s.189(1)(a), (b) or (c) of the Trade Union and Labour Relations (Consolidation) Act 1992 applied and the claimants were employees dismissed as redundant.
The complaint that the respondent failed to comply with s.188 of the 1992 Act was found to be well founded. The tribunal 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 ensure employee representatives were elected in accordance with s.188A and then consult with them in accordance with s.188.
The tribunal therefore made a protective award in respect of the claimants who were employed at the establishment and ordered the respondent to pay remuneration for the protected period. The judgment states that the protected period begins on 31 October 2023 and lasts for 30 days. The extracted text does not state the monetary value of the award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under s.188/s.189 TULRCA 1992. The judgment states that the protected period begins on 31 October 2023 and lasts 30 days, but the extracted text does not state the monetary amount of the award. | Upheld | — | — |
Legal tests applied
3 references- s.189(1)(a), (b) or (c) TULRCA 1992
- s.188A TULRCA 1992
- s.188 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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