Case 4107790/2024 · Employment Tribunal
in Edinburgh (via Cloud Video Platform) On October 2025 Employment Judge Smith Mrs J Green & others v The Co-Operative Group Ltd — 2025
- Case reference
- 4107790/2024
- Decision date
- 13 October 2025
- Jurisdiction
- Scotland
- Judge
- Employment Judge Smith Sitting
Parties
2 namedClaimant
in Edinburgh (via Cloud Video Platform) On October 2025 Employment Judge Smith Mrs J Green & others
Respondent
Key findings
Tribunal's reasoningThe preliminary hearing was listed to decide whether the Claimants could pursue protective award claims under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The Tribunal recorded that the unfair dismissal claims were not determined at this hearing and remained to be case managed.
The Tribunal found that, by February/March 2024 when the Respondent proposed redundancies affecting Member Pioneers and Member Pioneer Co-ordinators, USDAW was an independent trade union recognised by the Respondent for collective bargaining in respect of that description of employee. The Support Agreement dated 1 April 2023 expressly covered those roles.
The Tribunal concluded that any duty to consult under section 188 was a duty to consult with USDAW only. The Claimants therefore had no standing to bring protective award claims under section 189, and those claims were dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claims for protective awards under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 were dismissed because the Claimants had no standing to bring them. The prompt text was truncated, but the operative judgment and conclusions on this issue were included. | Dismissed | — | — |
Legal tests applied
9 references- balance of probabilities
- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.188A Trade Union and Labour Relations (Consolidation) Act 1992
- s.189 Trade Union and Labour Relations (Consolidation) Act 1992
- s.178(2) Trade Union and Labour Relations (Consolidation) Act 1992
- Atavan
- UK Coal Mining
- Mercy v Northgate HR Limited [2008] IRLR 222
- Transport and General Workers Union v Brauer Coley Ltd [2007] ICR 226
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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