Case 4105304/2016 · Employment Tribunal
Mr C McMullan & Others (see attached list) v Bathgate Realisations (Civil Engineering) Ltd (In Administration) — 2017
- Case reference
- 4105304/2016
- Decision date
- 10 May 2017
- Jurisdiction
- Scotland
- Judge
- Employment Judge Lucy Wiseman
Parties
2 namedClaimant
Mr C McMullan & Others (see attached list)
Key findings
Tribunal's reasoningThe tribunal dealt with a collective protective award claim arising from the respondent’s administration and the redundancy of the claimants on 19 July 2016. The Joint Administrator confirmed that the claim would not be defended, and the Employment Judge issued judgment on the available material under Rule 21.
The tribunal found that the claimants were employed by the respondent, that the respondent was placed into administration, and that the claimants were notified of the administration on the day it occurred and made redundant that same day. It recorded that the respondent had a duty to consult with the claimants or their elected representatives under sections 188 to 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.
The tribunal found that the respondent failed to carry out that consultation duty. It therefore held that the claim was well founded and made a protective award.
The judgment ordered that the respondent pay all employees made redundant on 19 July 2016 remuneration for the protected period beginning on 19 July 2016 and lasting 90 days. No separate monetary total or itemised split was set out in the extracted judgment text.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under sections 188 to 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment says the respondent failed to consult and that a 90-day protected period began on 19 July 2016. No monetary sum was specified in the judgment text. | Upheld | — | — |
Legal tests applied
2 references- Rule 21
- sections 188-188A 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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