Case 4106454/2019 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106454/2019 Mr G Green v Duncan Adams Limited (in Administration) — 2019
- Case reference
- 4106454/2019
- Decision date
- 10 December 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Mark Whitcombe
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106454/2019 Mr G Green
Respondent
Key findings
Tribunal's reasoningThe respondent was in administration, with joint administrators appointed on 6 March 2019. The tribunal recorded that the administrators confirmed they did not object to the claim continuing, no response was presented within the applicable time limit, and judgment was issued on the available material under Rule 21.
The tribunal held that the complaint that the respondent failed to comply with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was well-founded. It found that on or around 6 March 2019 the claimant was notified that his employment was ending by reason of redundancy, that there were no appropriate employee representatives and no election of such representatives for consultation purposes, and that no consultation took place.
The tribunal also found that the respondent proposed to, and did, dismiss by reason of redundancy more than 20 employees at the same establishment within a period of 90 days or less. On that basis, it held that the claimant was entitled to a protective award for a period of 90 days beginning with 6 March 2019.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Complaint under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal found it well-founded and held the claimant was entitled to a protective award for 90 days beginning with 6 March 2019, but the extracted text does not state a separate monetary sum. | Upheld | — | — |
Legal tests applied
2 references- Rule 21
- sections 188 and 188A of the 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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