Case 4102995/2023 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Numbers (see attached schedules): 4102995/2023 – Mr P O’Neill 4102144/2023 – Ms L Marshall & others 4103385/2023 – Ms A Cheston & others 4103334/2023 - Ms E Arthur & others Mr P O’Neill & others v M&co Trading Limited (in Administration) — 2024
- Case reference
- 4102995/2023
- Decision date
- 6 June 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge P O'Donnell Date
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Numbers (see attached schedules): 4102995/2023 – Mr P O’Neill 4102144/2023 – Ms L Marshall & others 4103385/2023 – Ms A Cheston & others 4103334/2023 - Ms E Arthur & others Mr P O’Neill & others
Respondent
Key findings
Tribunal's reasoningThe Tribunal made a corrected judgment under Rule 64 of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 on a joint application by the claimants and the respondent. It recorded that the respondent was in administration and that all of the claimants' other claims against the respondent were dismissed on withdrawal.
In relation to the claimants named in the schedule, the Tribunal held that the first respondent failed to adequately comply with the requirements of section 188 or section 188A of the Trade Union & Labour Relations (Consolidation) Act 1992. The claim for a protective award under section 189 of that Act succeeded.
The Tribunal ordered the first respondent to pay remuneration to the claimants named in Schedule 1 for a protected period of 56 days beginning on 16 December 2022, being the date on which the first of the dismissals to which the complaint related took effect. The judgment made no order for costs, with each party bearing its own costs and fees in relation to those claims.
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 & Labour Relations (Consolidation) Act 1992. The judgment orders remuneration for a protected period of 56 days beginning on 16 December 2022, but does not quantify a monetary sum. | Upheld | — | — |
Legal tests applied
3 references- section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992
- section 188A of the Trade Union & Labour Relations (Consolidation) Act 1992
- section 189 of the Trade Union & 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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