Case 4101560/2022 · Employment Tribunal
Scotland v Represented by: Ms S Ismail - Counsel Engenda Group Limited — 2023
- Case reference
- 4101560/2022
- Decision date
- 20 February 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge L Doherty GMB
- Venue
- Glasgow
Parties
2 namedClaimant
Scotland
Key findings
Tribunal's reasoningThe hearing concerned the protective-award element of conjoined claims by Unite and GMB arising from redundancies at Engenda Group Ltd’s Grangemouth turnaround project. The tribunal accepted that more than 20 employees were dismissed as redundant and that the unions were recognised for consultation purposes. It also accepted that the respondent sent an HR1 form and section 188 letter on 26 October 2021, and that the project was then affected by industrial action and two descopes by the client.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Complaint by Unite under section 189 TULRCA. The tribunal held the complaint well founded, found a failure to consult about the redundancy selection criteria, and made a protective award with a protected period of 30 days beginning on 26 November 2021. The judgment text refers in the remedy section to 26 November 2026, which is plainly inconsistent with the rest of the decision and appears to be a typographical error. | Upheld | — | — |
| Trade union | Complaint by GMB under section 189 TULRCA. The tribunal held the complaint well founded, found that there had been no consultation with GMB at all, and made a protective award with a protected period of 40 days beginning on 26 November 2021. The judgment text refers in the remedy section to 26 November 2026, which is plainly inconsistent with the rest of the decision and appears to be a typographical error. | Upheld | — | — |
Legal tests applied
6 references- s.188 TULCRA consultation duty
- s.188(7) special circumstances defence
- s.189 protective award discretion
- Shanahan Engineering Ltd v Unite the Union three-stage approach
- Susie Radin v GMB protective award guidance
- Clarks of Hove v Bakers Union special circumstances test
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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