Case 4102040/2020 · Employment Tribunal
Mrs M Mitchelmore v EBS Systems Limited (In administration) — 2020
- Case reference
- 4102040/2020
- Decision date
- 12 August 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge Susan Walker
Parties
2 namedClaimant
Mrs M Mitchelmore
Respondent
Key findings
Tribunal's reasoningNo response had been presented to the claim, and the respondent was in administration. The administrator consented to the protective award claim proceeding, and Employment Judge Walker issued judgment on the available material under rule 21.
The tribunal declared that the respondent had failed to comply with its obligations under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. It therefore made a protective award under section 189 in favour of the claimant for a period of 90 days starting on 27 February 2020.
The extracted judgment also records that the remaining complaints were withdrawn by the claimant and dismissed under rule 52. No monetary figure for the protective award is stated in the extracted text.
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 | The tribunal made a protective award after declaring that the respondent failed to comply with its obligations under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The award was for a period of 90 days starting on 27 February 2020; no monetary sum was stated in the extracted text. | Upheld | — | — |
| Other | The remaining complaints were withdrawn by the claimant and dismissed under rule 52. The extracted text does not identify those complaints by type. | Dismissed | — | — |
Legal tests applied
5 references- s.188 TULRCA 1992
- s.188A TULRCA 1992
- s.189 TULRCA 1992
- Rule 21
- Rule 52
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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