Case 4104500/2018 · Employment Tribunal
Mr William Morrison v And others, as per attached Multiple list A L Gordon Engineering Ltd (in Liquidation) — 2018
- Case reference
- 4104500/2018
- Decision date
- 17 October 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ian McPherson
- Venue
- Glasgow
Parties
2 namedClaimant
Mr William Morrison
Key findings
Tribunal's reasoningThe tribunal noted that the parties had agreed terms for judgment by correspondence dated 2 and 3 October 2018, and it made a judgment of consent under Rule 64 of the Employment Tribunal Rules of Procedure 2013. It also recorded the respondents' liquidator's correspondence confirming that the liquidation would not be defended, notwithstanding an ET3 response that had been lodged earlier.
The tribunal found that the claimants were employed by A L Gordon Engineering Ltd in various posts and that various employees were made redundant. It found that on 9 January 2018 the claimants and all employees were dismissed by the respondents by way of redundancy. A petition to wind up the company had been submitted on 9 January 2018 after solicitors were instructed on 8 January 2018, and employees were told to go home and await the provisional liquidator's appointment.
The tribunal found that the provisional liquidator was appointed on 11 January 2018 and that the winding up order or interim liquidator appointment was made on 7 February 2018. It further found that the respondents did not inform and consult with the claimants in terms of sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.
On that basis, the tribunal ordered that the claimants would be awarded 8 weeks' pay for the protected period, running from 9 January 2018, as a protective award under section 189(2) of the 1992 Act. The extracted text does not state a quantified monetary total for the award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Consent judgment. The tribunal recorded that the respondents did not inform and consult the claimants under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992, and awarded each claimant 8 weeks' pay for the protected period as a protective award under section 189(2). No monetary figure was stated in the extracted text. | Upheld | — | — |
Legal tests applied
4 references- s.188 TULRCA 1992
- s.188A TULRCA 1992
- s.189(2) TULRCA 1992
- Rule 64 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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