Case 4101731/2022 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4101731/2022 Mr Alan McIlwraith v Roadbridge UK Limited (in administration) — 2022
- Case reference
- 4101731/2022
- Decision date
- 9 June 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ian McPherson
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4101731/2022 Mr Alan McIlwraith
Key findings
Tribunal's reasoningThe Employment Judge issued judgment on the available material under rule 21 because no response was presented within the time limit. The respondent, Roadbridge UK Limited (In Administration), was said by the joint administrators not to intend to defend Tribunal actions, and consent was given for the claim to proceed. The claimant, Mr Alan McIlwraith, had been dismissed as redundant on 11 March 2022.
The Tribunal held that the complaint was well founded. It found that the respondent had dismissed more than 20 employees at one establishment within 90 days or less, that no recognised trade union was involved, and that the respondent failed to ensure employee representatives were elected in accordance with section 188A and then to consult with them in accordance with section 188.
A protective award was made in respect of employees dismissed as redundant at the respondent’s Seagreen Civil Works establishment at Barry Road, Dundee, DD11 1ER. The protected period was stated to begin on 11 March 2022 and to last for 90 days. The judgment records that the respondent is ordered to pay remuneration for the protected period, but it does not state the monetary amount of the award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under s.188 and s.188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment states that the complaint was well founded and that a protective award was made, but it does not state a monetary figure. | Upheld | — | — |
Legal tests applied
3 references- s.188 TULR(C)A 1992
- s.188A TULR(C)A 1992
- Rule 21
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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