Case 4104857/2020 · Employment Tribunal
Mr A Dettori v STA Travel Limited (in liquidation) — 2022
- Case reference
- 4104857/2020
- Decision date
- 5 January 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge R Gall
Parties
2 namedClaimant
Mr A Dettori
Respondent
Key findings
Tribunal's reasoningThe Tribunal found that the respondents failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The claimant was made redundant on 02 September 2020, and there had been no prior discussion or consultation with him. There was no recognised trade union, no elected employee representatives, and no individual consultation.
The Tribunal accepted the claimant's unchallenged evidence that the respondents operated as one business unit rather than each store being a separate establishment. It found that more than 20 employees, and in fact more than 100 employees, were made redundant on 02 September 2020, so consultation was required at least 90 days before the first dismissal.
Applying the authorities referred to in the judgment, the Tribunal treated 90 days as the starting point for a protective award. It found no consultation whatsoever and no special circumstances justifying a reduction, including no sudden disaster or emergency. A protective award was therefore made for the 90-day period from 02 September 2020 to 01 December 2020.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award made under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment orders remuneration for a 90-day protected period but does not state a monetary amount. | Upheld | — | — |
Legal tests applied
5 references- Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- Section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
- Section 188(7) of the Trade Union and Labour Relations (Consolidation) Act 1992
- Susie Radin Ltd v GMB & others 2004 IRLR 400
- Clarks of Hove Ltd v Bakers' Union 1978 ICR 1076
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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