Case 4103877/2022 · Employment Tribunal
Mrs A Maclean v CMS Enviro Systems Ltd (In Administration) — 2022
- Case reference
- 4103877/2022
- Decision date
- 9 September 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Robison
Parties
2 namedClaimant
Mrs A Maclean
Key findings
Tribunal's reasoningThe Employment Judge issued judgment on the available material under rule 21 because no response was presented within the time limit. The respondent was in administration, but the administrator consented to the continuation of the proceedings by letter dated 10 August 2022.
The tribunal found that the complaint under section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It found that CMS Enviro Systems dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less.
The tribunal also found that the respondent failed to carry out any consultation at all with the appropriate representatives of affected employees in accordance with section 188. On that basis, it made a protective award in respect of the claimant as an employee based at the respondent’s workplace at 10 Caisteal Road, Castlecary, North Lanarkshire, G68 0FS, who was dismissed as redundant and in respect of whose dismissal the employer had failed to comply with section 188.
The protected period was stated to begin on 5 May 2022 and to run for 90 days. The judgment records that the respondent is ordered to pay remuneration for that protected period, but the extracted text does not include a quantified sum.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The claim was for failure to consult appropriate employee representatives under section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, resulting in a protective award. The judgment does not state a monetary figure for the award in the extracted text. | Upheld | — | — |
Legal tests applied
1 reference- section 188(1) 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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