Case 4104729/2022 · Employment Tribunal
Mr R Beveridge v CMS Enviro Systems Ltd (In Administration) — 2022
- Case reference
- 4104729/2022
- Decision date
- 12 December 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge L Doherty
Parties
2 namedClaimant
Mr R Beveridge
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 had consented to the continuation of the proceedings by letter dated 24 November 2022. The tribunal also recorded that the complaint concerned a failure relating to the election of employee representatives, and that the claimants were employees dismissed as redundant.
The tribunal found that the complaint that the respondent failed to comply with s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It found that the respondent dismissed more than 20 employees at one establishment within a period of 90 days or less, and that the respondent failed to ensure that employee representatives were elected in accordance with s.188A and then to consult with them in accordance with s.188.
A protective award was made in respect of the claimants as employees dismissed as redundant at the respondent’s workplace at Hayfield Depot, Hayfield Place, Kirkcaldy, Fife, KY2 5DR. The tribunal ordered the respondent to pay remuneration for the protected period. The protected period was stated to begin on 05 May 2022 and to run for 90 days.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Rule 21 judgment on a complaint under s.188 TULRCA 1992 concerning failure to elect employee representatives and consult in a collective redundancy exercise; the tribunal made a protective award. | Upheld | — | — |
Legal tests applied
3 references- Rule 21 Employment Tribunal Rules of Procedure 2013
- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.188A 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.
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