Case 4105258/2024 · Employment Tribunal
R Nelson & others (as per attached schedule) v Limited (in Liquidation) — 2025
- Case reference
- 4105258/2024
- Decision date
- 13 May 2025
- Jurisdiction
- Scotland
- Judge
- Employment Judge Sangster
Parties
2 namedClaimant
R Nelson & others (as per attached schedule)
Respondent
Key findings
Tribunal's reasoningNo response was presented to the claim within the applicable time limit, and Employment Judge Sangster issued judgment on the available material under rule 22. The respondent was in compulsory liquidation, but the relevant court had granted permission for the continuation of the proceedings on 18 March 2025.
The Tribunal found 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. It found that the respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less.
The Tribunal held that the complaint that the respondent failed to comply with section 188 or section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It found that the respondent failed to ensure employee representatives were elected in accordance with section 188A and then to consult with them in accordance with section 188. A protective award was made for each claimant, with the protected period beginning on 04 March 2024 and lasting 90 days.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim for failure to comply with section 188 or section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. No monetary amount was specified; the award was remuneration for a 90-day protected period for each claimant. | Upheld | — | — |
Legal tests applied
3 references- Rule 22 of the Employment Tribunal Procedure Rules 2024
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 188A Trade Union and Labour Relations (Consolidation) Act 1992
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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