Case 4104745/2022 · Employment Tribunal
Mr A Kelly v CMS Enviro Systems Ltd (In Administration) — 2022
- Case reference
- 4104745/2022
- Decision date
- 12 December 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge L Doherty
Parties
2 namedClaimant
Mr A Kelly
Key findings
Tribunal's reasoningThe tribunal dealt with the case on the available material under Rule 21 because no response was presented within the applicable time limit. The respondent was in administration, but the administrator consented to the continuation of the proceedings in a letter dated 24 November 2022. The judgment records 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 the complaint under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 well founded. It found that the respondent had dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less, and that it failed to ensure that employee representatives were elected in accordance with section 188A and then consulted in accordance with section 188.
The tribunal therefore made a protective award in respect of the claimants as employees dismissed as redundant at the respondent’s CMS Castlecary workplace, and ordered the respondent to pay remuneration for the protected period. The protected period was found to begin on 05 May 2022 and to last for 90 days.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Rule 21 judgment on the available material. The tribunal found a well-founded complaint under s.188 TULRCA 1992 that the respondent dismissed as redundant more than 20 employees at one establishment within 90 days or less and failed to ensure employee representatives were elected under s.188A and consulted under s.188. The tribunal made a protective award for the claimants covering a protected period of 90 days from 05 May 2022. | 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.
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