Case 4101792/2022 · Employment Tribunal
Mr M McLauchlan & others as per attached Schedule v Limited (in Liquidation) — 2023
- Case reference
- 4101792/2022
- Decision date
- 3 August 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Kearns
Parties
2 namedClaimant
Mr M McLauchlan & others as per attached Schedule
Respondent
Key findings
Tribunal's reasoningThe Tribunal recorded agreed facts that the claimants were employed by the respondent and that more than 20 employees were dismissed by reason of redundancy on or about 10 or 11 January 2022. The respondent went into compulsory liquidation shortly afterwards. No information had been provided to employees and there had been no prior consultation.
No trade union was recognised and no employee representatives had been appointed. The Tribunal found that the respondent failed to comply with its duties under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.
Applying the guidance in Susie Radin, the Tribunal considered that there had been a complete failure to provide the required information or consult, that the failure was serious, and that no mitigating circumstances justified reducing the maximum period. It made a protective award for 90 days from 10 January 2022 in favour of the employees listed in the schedule.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The claim was for a protective award arising from failure to comply with collective consultation and employee representative election obligations under sections 188 and 188A of TULRCA 1992. The judgment awarded remuneration for a 90-day protected period but did not state a monetary amount. | Upheld | — | — |
Legal tests applied
3 references- Sections 188 and 188A Trade Union and Labour Relations (Consolidation) Act 1992
- Section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- Susie Radin Ltd v GMB and Others [2004] IRLR 400
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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