Case 4107731/2024 · Employment Tribunal
Mr S McGillivray v And others set out in the attached schedule Hadden Construction Limited (In Administration) — 2025
- Case reference
- 4107731/2024
- Decision date
- 13 February 2025
- Jurisdiction
- Scotland
- Judge
- Employment Judge McFatridge
Parties
2 namedClaimant
Mr S McGillivray
Key findings
Tribunal's reasoningThis was a Rule 22 judgment issued on the available material. The respondent, Hadden Construction Limited (in administration), had dismissed 20 or more employees as redundant at its site at 1 Maidenplain Place, Aberuthven, Nr Auchterarder, Perthshire. The tribunal recorded that there was no recognised trade union involved, that the Joint Administrators were appointed on 10 September 2024, and that the claims were not contested. The administrators also agreed to lift the moratorium so the claimants could pursue the protective award claim.
The tribunal found that the respondent 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. It held that the complaint that the respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. The dismissals took place on 10 September 2024.
The tribunal therefore made a protective award in respect of the claimants and ordered the respondent to pay remuneration for the protected period. The protected period was 90 days beginning on 10 September 2024. The extracted judgment does not state a global monetary figure or a per-claimant amount in the text provided.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to consult employees/representatives before redundancies. The protected period was 90 days beginning on 10 September 2024; no separate monetary figure is stated in the extracted text. | Upheld | — | — |
Legal tests applied
3 references- s.188 TULRCA 1992
- s.188A TULRCA 1992
- Rule 22 Employment Tribunal Rules of Procedure 2024
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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