Case 4101521/2019 · Employment Tribunal
Ms C Egan & others as per schedule v Boathouse Kilsyth Limited and 1 other — 2019
- Case reference
- 4101521/2019
- Decision date
- 18 September 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge S MacLean
Parties
3 namedClaimant
Ms C Egan & others as per schedule
Key findings
Tribunal's reasoningThe tribunal issued judgment by consent under rule 64. It recorded that the claimants were listed in the schedule, that they were never employed by Boathouse Kilsyth Limited, and that the claims against that respondent were dismissed following withdrawal. It also recorded that the claimants were employed by Town House Restaurants Limited, later known as Town House Restaurants Limited (In Liquidation).
The judgment found that Town House Restaurants Limited approved a special resolution on 28 September 2018 to voluntarily wind up its business because it could not continue trading in light of its liabilities, and that it was placed into liquidation at meetings of members and creditors on 12 October 2018. The claimants were dismissed by reason of redundancy on 30 September 2018.
Town House Restaurants Limited did not inform and consult with the claimants on a collective basis in accordance with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal recorded that the duty to collectively consult had been triggered and that the claimants had brought complaints under section 189 seeking a protective award.
The tribunal held that the protective award claims were well founded and ordered the respondent to pay remuneration for a protected period of 8 weeks from 30 September 2018.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claims against Boathouse Kilsyth Limited were dismissed following withdrawal; the tribunal recorded that the claimants were never employed by that respondent. | Dismissed | — | — |
| Other | Section 189 TULRCA 1992 protective award claim against Town House Restaurants Limited (in liquidation) for failure to collectively consult over redundancy dismissals; the tribunal awarded remuneration for a protected period of 8 weeks from 30 September 2018. | Upheld | — | — |
Legal tests applied
3 references- s.188 TULRCA 1992
- s.188A TULRCA 1992
- s.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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