Case 4107713/2020 · Employment Tribunal

Claimant v EK Sales Ltd (In Liquidation) — 2021

Case reference: 4107713/2020
Decision date: 25 February 2021
Jurisdiction: Scotland
Judge: Employment Judge R Gall Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Respondent

EK Sales Ltd (In Liquidation)

Key findings

Tribunal's reasoning

The tribunal dealt with the case on the available material under rule 21 because no response was presented within the applicable time limit. It recorded that EK Sales Ltd was in creditors' voluntary liquidation. The claimants were held entitled to bring the claim because none of the situations in section 189(1)(a), (b) or (c) of the Trade Union and Labour Relations (Consolidation) Act 1992 applied and they were employees dismissed as redundant.

The tribunal found that the complaint of failure to comply with section 188A of the 1992 Act was well founded. It held that the respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less, failed to ensure that employee representatives were elected in accordance with section 188A, and then failed to consult with them in accordance with section 188.

As a result, the tribunal made a protective award in respect of the claimants and ordered the respondent to pay remuneration for the protected period. The protected period was held to begin on 30 September 2020, having regard to section 189(4)(a), and to last for 90 days. The extracted text does not give a separate monetary sum for the award.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Trade union	Protective award claim under TULRCA ss.188A and 188. The tribunal found the complaint well founded and ordered remuneration for the protected period, but the extracted text does not state a monetary figure.	Upheld	—	—

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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