Case 4104734/2022 · Employment Tribunal
Ms June Carroll v CMS Ehviro Systems Ltd (In Administration) — 2022
- Case reference
- 4104734/2022
- Decision date
- 12 December 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge L Doherty
Parties
2 namedClaimant
Ms June Carroll
Key findings
Tribunal's reasoningThis was a Rule 21 judgment on the papers in which Employment Judge L Doherty decided that the complaint was well founded. The tribunal held that the claimants were entitled to bring the claim because it concerned a failure relating to the election of employee representatives, and the claimants were employees dismissed as redundant. No response had been presented within the applicable time limit, and the administrator consented to the continuation of the proceedings by letter dated 24 November 2022.
The tribunal found that the respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less. It further found that the respondent failed to ensure that employee representatives were elected in accordance with s.188A of the Trade Union and Labour Relations (Consolidation) Act 1992 and then failed to consult with them in accordance with s.188.
As a result, the tribunal made a protective award in respect of the claimants as employees dismissed as redundant at the respondent's workplace at CMS East Kilbride, Colvilles Place, East Kilbride, Lanarkshire. The protected period was stated to begin on 05 May 2022 and to run for 90 days. The judgment does not record a monetary figure in the extracted text, only that remuneration was ordered for the protected period.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Rule 21 judgment on the available material. The complaint was that the respondent failed to comply with s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in relation to collective redundancy consultation. The tribunal found the respondent dismissed more than 20 employees at one establishment within 90 days or less, failed to ensure employee representatives were elected in accordance with s.188A, and failed to consult with them in accordance with s.188. | Upheld | — | — |
Legal tests applied
3 references- s.188 TULRCA 1992
- s.188A 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.