Case 4100524/2017 · Employment Tribunal
Claimant v Give Goodwind UK Ltd in Liquidation — 2017
- Case reference
- 4100524/2017
- Decision date
- 11 August 2017
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ian McPherson
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 judgment in the absence of any response from Give Goodwind UK Limited, which was in liquidation. The first to sixth claimants were former employees. The tribunal recorded that the claimants had the Sheriff’s permission at Hamilton on 27 July 2017 to proceed against the respondent. No hearing evidence is described; the decision was made on the available material and entered on 11 August 2017, with the judgment dated 10 August 2017.
The tribunal found that on 30 November 2016 the claimants were told the workplace at 1 Hornal Road, Bothwell Park Industrial Estate, Uddingston would close with effect from that date. About 27 employees were made redundant in total. Before the redundancies, the respondent failed to invite the employees who were not covered by an independent trade union recognition arrangement to elect employee representatives, contrary to section 188(1B)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal also found that the respondent failed to consult at the earliest opportunity and did not consult at least 30 days before the first dismissals were to take effect, as required by section 188(1A)(a).
On that basis, the tribunal declared that the respondent had failed to comply with its duty to inform and consult under sections 188 and 188A of the 1992 Act. It then made a protective award under section 189 of 90 days' pay per claimant, commencing on 30 November 2016. The judgment does not state a calculated monetary total for the award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Rule 21 judgment on the available material. The tribunal found a failure to comply with the collective consultation duties in sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award of 90 days' pay per claimant commencing on 30 November 2016, but no pound amount was stated in the judgment. | Upheld | — | — |
Legal tests applied
2 references- sections 188 and 188A TULRCA 1992
- section 189 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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