Case 4102950/2019 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102950/2019 & others as per attached schedule Mr A McCredie & others as per attached schedule v Seabank Care Limited (in Liquidation) — 2019
- Case reference
- 4102950/2019
- Decision date
- 15 November 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Claire McManus
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102950/2019 & others as per attached schedule Mr A McCredie & others as per attached schedule
Respondent
Key findings
Tribunal's reasoningNo response was presented to the claims. The respondent had gone into liquidation, with Derek Forsyth appointed liquidator on or around 3 January 2019, and the tribunal issued judgment on the available material under Rule 21 after consent of the court was obtained on 9 October 2019.
The tribunal found that the respondent was obliged to inform and consult the claimants under ss.188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 and failed to do so. It found that on or around 5 December 2018 the claimants were told their employment was ending by reason of redundancy, but no consultation or notice was given before termination.
The tribunal also found that the respondent dismissed more than 20 employees by reason of redundancy within a 90-day period and that all the employees were based at the same establishment. It therefore held that the complaint was well founded.
A protective award was ordered in respect of former employees of the respondent working at Woodside Care Home, Lawview Road, Quarriers Village, Bridge of Weir, who were dismissed as redundant on 5 December 2018. The extracted text does not state the amount of the protective award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Rule 21 judgment; no response was presented. The tribunal found a failure to comply with ss.188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 and said a protective award should be made. The text contains an internal date inconsistency in paragraph 3, which states both that the claimants were notified around 5 December 2018 and that they were dismissed on 5 December 2019; the later finding refers to dismissal as redundant on 5 December 2018. | Upheld | — | — |
Legal tests applied
3 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- s.188A of the Trade Union and Labour Relations (Consolidation) Act 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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