Case 4105978/2019 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105978/2019 Mrs H Smith v Kaiam Europe Limited (In Administration) — 2019
- Case reference
- 4105978/2019
- Decision date
- 13 May 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Muriel Robison
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105978/2019 Mrs H Smith
Respondent
Key findings
Tribunal's reasoningThe respondent stated that no part of the claim was contested, and Employment Judge Muriel Robison issued judgment on the available material under rule 21 of the Employment Tribunal Rules of Procedure 2013. On that basis, the tribunal found that Mrs H Smith had been dismissed in breach of contract in respect of notice and awarded damages of £3,400.
The tribunal also found that Kaiam Europe Limited (in Administration) failed to consult with the appropriate representatives of employees whom it proposed to make redundant, as required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It ordered payment to the claimant for the period from 24 December 2018 to 23 January 2019 under section 189 of the 1992 Act.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | The tribunal held that the claimant was dismissed in breach of contract in respect of notice and awarded damages of £3,400. | Upheld | — | £3,400 |
| Other | The tribunal found that the respondent failed to consult the appropriate representatives of employees proposed to be made redundant, contrary to s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992, and ordered payment under s.189 for the period 24 December 2018 to 23 January 2019. | Upheld | — | — |
Remedy
Monetary award- Total award
- £3,400
- across all upheld claims
Legal tests applied
3 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- s.188 TULRCA 1992
- s.189 TULRCA 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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