Case 4100499/2023 · Employment Tribunal
Ms I Allan & others as per attached schedule v Filmhouse Trading Limited (In Administration) — 2023
- Case reference
- 4100499/2023
- Decision date
- 26 July 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Sangster
Parties
2 namedClaimant
Ms I Allan & others as per attached schedule
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. The respondent was in administration, but the administrator consented to the continuation of the proceedings by letter dated 26 January 2023.
The tribunal held that the claimants were entitled to bring the claim because none of the situations in section 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. It found that the respondent dismissed more than 20 employees at one establishment within a period of 90 days or less.
On the merits, the tribunal found that the respondent failed to carry out any consultation at all with the appropriate representatives of affected employees in accordance with section 188. The complaint that the respondent failed to comply with section 188 was therefore well founded.
The tribunal made a protective award in respect of each claimant and ordered the respondent to pay remuneration for the protected period. The protected period began on 6 October 2022 and lasted for 90 days.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award under s.188 TULR(C)A 1992. The tribunal ordered remuneration for the protected period for each claimant, but the extracted text does not state a monetary figure. | Upheld | — | — |
Legal tests applied
3 references- rule 21 of the Employment Tribunal Rules of Procedure 2013
- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.189(1)(a), (b) or (c) 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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