Case 4100821/2020 · Employment Tribunal

Mr B Carr & others as per attached schedule v Clearwin Ltd (In Administration) — 2020

Case reference: 4100821/2020
Decision date: 8 September 2020
Jurisdiction: Scotland
Judge: Employment Judge L Doherty

Indexed: 21 May 2026

Parties

2 named

Claimant

Mr B Carr & others as per attached schedule

Respondent

Clearwin Ltd (In Administration)

Key findings

Tribunal's reasoning

The claimants in the attached schedule were employees of the respondent. The judgment records that joint administrators were appointed on 20 October 2019, and that the claimants were dismissed by reason of redundancy on 17 October 2019. The tribunal found that the respondent did not inform or consult with the claimants in accordance with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.

The claimants brought complaints under section 189 of the 1992 Act seeking a protective award for that failure. As the claim was undefended, the tribunal declared the claims well-founded and made a protective award in favour of the employees listed in the schedule who were dismissed within 90 days of 17 October 2019. The award was for a protected period of 8 weeks from 17 October 2019.

The judgment states that the protective award will rank as an unsecured debt against the joint administrators. No single monetary figure is set out in the extracted text, so the award amount cannot be broken down further from the judgment provided.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Trade union	Protective award claim under s.189 TULRCA 1992 for failure to inform and consult under s.188 and s.188A; the judgment does not specify a single monetary sum for the award.	Upheld	—	—

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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