Case 4104224/2020 · Employment Tribunal
Mr P Merchant and others as per schedule v Moffat Electrical Services Limited (in Liquidation) — 2020
- Case reference
- 4104224/2020
- Decision date
- 9 October 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge D Hoey
Parties
2 namedClaimant
Mr P Merchant and others as per schedule
Key findings
Tribunal's reasoningThis was a rule 21 judgment in a case with no response presented. Employment Judge D Hoey determined, on the available material, that in respect of each claimant listed in the schedule the respondent was proposing to dismiss as redundant 20 or more employees at one establishment, namely its entire business unit, within 90 days. The tribunal found that the respondent failed to elect employee representatives in breach of section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.
The tribunal also found that the respondent failed to consult about the dismissals in breach of section 188(1A), section 188(2) and section 188(4). On that basis, each claimant was held entitled to a protective award. The protected period was fixed at 90 days from 23 June 2020, being the date of the first dismissal.
The judgment records that the Employment Protection (Recoupment of Benefit) Regulations 1996 apply to the award. No monetary figure for the protective award is set out in the extracted text.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim arising from the respondent's failure to elect employee representatives and consult under section 188A and section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment records entitlement to a protective award but does not set out a monetary sum in the extracted text. | Upheld | — | — |
Legal tests applied
3 references- section 188A TULRCA 1992
- section 188(1A), section 188(2) and section 188(4) TULRCA 1992
- Rule 21 of the 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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