Case 4101263/2023 · Employment Tribunal
Mr Paul O’Brien and others as per attached schedule v Raeburn Construction Services Ltd (In Compulsory Liquidation) — 2023
- Case reference
- 4101263/2023
- Decision date
- 20 December 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge Jones
Parties
2 namedClaimant
Mr Paul O’Brien and 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. It noted that the respondent was in compulsory liquidation, but the relevant court had granted permission for these proceedings to continue on 2 November 2023. The tribunal also found that the claimants were entitled to bring the claim because it concerned a failure relating to the election of employee representatives and the claimants were employees dismissed as redundant.
The tribunal held that the complaint that the respondent failed to comply with s.188 or s.188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It found that the respondent had dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less. It further found that the respondent failed to ensure that employee representatives were elected in accordance with s.188A and then to consult with them in accordance with s.188.
As a result, the tribunal made a protective award in respect of each claimant. It ordered the respondent to pay remuneration for the protected period, which began on 11 November 2022 and lasted for 90 days. The extracted judgment does not state a quantified monetary award for any claimant or a total sum.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Rule 21 judgment on the available material. The complaint was that the respondent failed to comply with s.188 or s.188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal made a protective award in respect of each claimant, but no monetary figure was stated in the extracted text. | Upheld | — | — |
Legal tests applied
3 references- s.188 TULRCA 1992
- s.188A TULRCA 1992
- Rule 21 Employment Tribunal Rules of Procedure 2013
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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