Case 4104406/2022 · Employment Tribunal
Mrs L Skiba v Eclipse Generics Ltd (In Administration) — 2022
- Case reference
- 4104406/2022
- Decision date
- 8 December 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Robison
Parties
2 namedClaimant
Mrs L Skiba
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 judgment issued on the available material. The claimant, Mrs L Skiba, was entitled to bring the claim because it concerned a failure relating to the election of employee representatives and she had been dismissed as redundant. The respondent was in administration, but the administrator consented to the continuation of the proceedings by letter dated 4 October 2022, and no response was presented within the applicable time limit.
The tribunal found the complaint that the respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 to be well founded. It found that the respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less, and that it failed to ensure employee representatives were elected in accordance with section 188A and then to consult with them in accordance with section 188.
The tribunal made a protective award in respect of the employees dismissed as redundant at the respondent's site at 1 Langlands Place, Glasgow, South Lanarkshire, G75 0YF. It ordered the respondent to pay remuneration for the protected period, which began on 9 May 2022 and lasted for 90 days. No monetary sum for the award is stated in the extracted text.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Rule 21 judgment on the papers. The complaint was that the respondent failed to comply with s.188 TULRCA 1992 by not electing employee representatives and not consulting on collective redundancy. | Upheld | — | — |
Legal tests applied
3 references- Rule 21 Employment Tribunal Rules of Procedure 2013
- s.188 TULRCA 1992
- s.188A TULRCA 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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