Case 4103887/2018 · Employment Tribunal
Claimant v James Callender & Sons Ltd (In administration) — 2018
- Case reference
- 4103887/2018
- Decision date
- 17 May 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Shona MacLean
- Venue
- Glasgow
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThe tribunal dealt with the claims under rule 21 because no responses had been presented. It found that the complaint brought by GMB Scotland on behalf of its members with recognition rights, together with the 35 other claimants listed in the schedule, that the respondent had failed to comply with section 188 or section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded.
The tribunal made a protective award in respect of the first claimant's members for whom it had recognition rights and the 35 other claimants listed in the schedule, all of whom had been dismissed as redundant by the respondent on 8 January 2018. It set the protected period at 90 days beginning on 8 January 2018.
The judgment also ordered the respondent to pay the appropriate remuneration under section 190 of the Trade Union and Labour Relations (Consolidation) Act 1992. No monetary sum was specified in the extracted judgment, so no separate award figure can be extracted from the text supplied.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Rule 21 judgment. The tribunal found the complaint that the respondent failed to comply with s.188 or s.188A TULRCA 1992 was well founded and made a protective award. The protected period was 90 days starting on 8 January 2018. | Upheld | — | — |
Legal tests applied
4 references- s.188 TULRCA 1992
- s.188A TULRCA 1992
- s.190 TULRCA 1992
- Rule 21 Employment Tribunal Rules of Procedure 2013
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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