Case 4105014/2020 · Employment Tribunal
Mr G Anderson & others v No appearance Secretary of State for Business — 2020
- Case reference
- 4105014/2020
- Decision date
- 26 June 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge J Hendry
Parties
2 namedClaimant
Mr G Anderson & others
Key findings
Tribunal's reasoningThe tribunal found that J & I Scaffolding Limited failed to comply with the collective consultation requirements in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The claimants were employed in the respondent's scaffolding business at Dalkeith and were made redundant without prior warning on 26 June 2020. The tribunal found there had been no consultation before the liquidation and redundancy, no formal or informal warning to staff about financial difficulties, no recognised trade union, no worker representatives, and no collective consultation affecting more than 20 employees at one establishment.
The tribunal held that the respondent was in breach of the absolute obligation to consult meaningfully and that consultation should have begun no later than 90 days before the proposed redundancies. It found no basis on the facts of the liquidation for treating the case as one where consultation could not have occurred earlier, and it identified no mitigating circumstances that would justify reducing the award below the maximum period. Relying on Suzi Raddon Ltd v GMB and others [2004] IRLR 400, the tribunal approached the protective award as a sanction for non-compliance rather than compensation for loss.
The complaint was therefore found well-founded and the tribunal made a protective award for the full protected period. It ordered the respondent company to pay remuneration to the affected employees for the protected period from 26 June 2020 for a period of 90 days.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Complaint under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal made a protective award for the full protected period, but no monetary sum was stated in the extracted text. | Upheld | — | — |
Legal tests applied
3 references- s.188 TULRCA 1992
- s.189 TULRCA 1992
- Suzi Raddon Ltd v GMB and others [2004] IRLR 400
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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