Case 4102412/2017 · Employment Tribunal
Mr T Wilson v Limited (in Liquidation) — 2017
- Case reference
- 4102412/2017
- Decision date
- 27 November 2017
- Jurisdiction
- Scotland
- Judge
- Employment Judge F Jane Garvle
- Venue
- Glasgow
Parties
2 namedClaimant
Mr T Wilson
Respondent
Key findings
Tribunal's reasoningThe three claimants were employed by the respondent and were told at a meeting on 31 May 2017 that the respondent was ceasing business and that they were being made redundant with immediate effect. The tribunal accepted their evidence that there had been no discussion about electing employee representatives, no consultation about redundancies, and no discussion about avoiding or reducing dismissals or mitigating their consequences.
The tribunal considered whether Gardrum House was the relevant establishment. Although the claimants were not permanently based there, they attended from time to time to collect supplies and equipment, and the tribunal accepted the submission that it was their base for those purposes.
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. The complaint was well-founded, and the respondent was ordered to pay remuneration to the claimants for a protected period of 90 days beginning on 31 May 2017.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under sections 188, 188A and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for alleged failure to inform and consult about collective redundancies. The locked taxonomy has no specific protective award category, so classified as other. | Upheld | — | — |
Legal tests applied
8 references- Section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- Section 188A Trade Union and Labour Relations (Consolidation) Act 1992
- Section 189(2) Trade Union and Labour Relations (Consolidation) Act 1992
- Section 189(4) Trade Union and Labour Relations (Consolidation) Act 1992
- Rockfon A/s [1996] ICR 173
- Renfrewshire Council v Education Institute of Scotland EAT S/0018/12
- Athinaiki Chartopoiia AE v Panagiotidis [2007] IRLR 284
- Susie Radin Ltd v GMB [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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