Case 4102528/2020 · Employment Tribunal
Ms CS Bryson [& other v Hospitality UK Limited (in Liquidation) — 2021
- Case reference
- 4102528/2020
- Decision date
- 29 July 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge S MacLean
Parties
2 namedClaimant
Ms CS Bryson [& other
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 judgment in a multi-claimant collective redundancy case against 77 Hospitality UK Limited (in liquidation). The tribunal recorded that no response was presented within the applicable time limit, and that the respondent was in compulsory liquidation but permission had been granted on 22 July 2021 for the proceedings to continue. The judge held that the claimants were entitled to bring the claim because it concerned a failure relating to the election of employee representatives and the claimants were employees dismissed as redundant.
The tribunal found that the respondent dismissed more than 20 employees at one establishment within a period of 90 days or less. It further found that the respondent failed to ensure that employee representatives were elected in accordance with s.188A and then failed to consult with them in accordance with s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992. On that basis, the complaint that the respondent failed to comply with s.188 was held to be well founded.
The tribunal made a protective award in respect of employees employed at 161 Springfield Road, Aberdeen whose dismissals had failed to comply with s.188. The protected period was stated to begin on 13 February 2020 and to run for 90 days. The extracted text does not state any monetary figure for the award, so no sum can be recorded from the judgment extract provided.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Rule 21 judgment on the available material. The tribunal found the complaint well founded and made a protective award because the respondent failed to comply with s.188 of TULRCA 1992 and failed to ensure employee representatives were elected and consulted. The extracted text does not state the monetary amount of the award. | Upheld | — | — |
Legal tests applied
3 references- Rule 21
- s.188 TULRCA 1992
- s.188A TULRCA 1992
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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