Case 4104981/2022 · Employment Tribunal

Mr W McLean & others v Eclipse Generics Ltd (In Administration) — 2022

Case reference: 4104981/2022
Decision date: 8 December 2022
Jurisdiction: Scotland
Judge: Employment Judge M Robison

Indexed: 22 May 2026

Parties

2 named

Claimant

Mr W McLean & others

Respondent

Eclipse Generics Ltd (In Administration)

Key findings

Tribunal's reasoning

The tribunal issued a Rule 21 judgment on the available material because no response was presented within the time limit. It held that the claimants were entitled to bring the claim because the complaint concerned a failure relating to the election of employee representatives and the claimants were employees dismissed as redundant. The respondent was in administration, but the administrator consented to the continuation of the proceedings by letter dated 17 October 2022.

The tribunal found that the complaint that the respondent failed to comply with s.193 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 it failed to ensure that employee representatives were elected in accordance with s.188A and then consulted with them in accordance with s.188.

The tribunal made a protective award in respect of the employees dismissed as redundant by the respondent at its site at 1 Langlands Place, Glasgow, South Lanarkshire, G75 0YF. It ordered the respondent to pay remuneration for the protected period, which began on 9 May 2022 and lasted for 90 days. The extracted text does not state the monetary amount of the award.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Trade union	Rule 21 judgment. The tribunal found the complaint under s.193 TULRCA 1992 well founded, based on a failure to ensure employee representatives were elected under s.188A and consulted under s.188. A protective award was made for employees dismissed as redundant at the Glasgow site, but no monetary sum is stated in the extracted text.	Upheld	—	—

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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