Case 4107996/2020 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107996/2020 Mr W McCusker v AL Realisations Limited (in Administration), — 2022
- Case reference
- 4107996/2020
- Decision date
- 28 January 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge Susan Walker
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107996/2020 Mr W McCusker
Key findings
Tribunal's reasoningThis was a consent judgment in a protective award claim brought by Mr W McCusker under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment records that he was employed by the respondent at Braehead Shopping Centre in Glasgow, that the respondent entered administration through a series of appointments in March, April and July 2020, and that the claimant was dismissed by reason of redundancy on 29 August 2020.
The tribunal recorded that the claimant was assigned to an establishment where 20 or more redundancies were proposed within a period of 90 days, and that the respondent did not fully inform and consult with him in accordance with sections 188 and 188A of the 1992 Act. It therefore made a protective award in the claimant's favour for a protected period of 42 days, with the award capped at the amount payable by the Redundancy Payments Service and subject to deductions required by law.
The parties agreed for the purposes of the consent judgment that the protected period began on the claimant's termination date and lasted for 42 days. The judgment also states that there was no order for costs or fees and that each party would bear its own costs and fees, and that the claim was extinguished in its entirety by the consent judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under section 189 of TULRCA 1992 for failure to inform and consult under sections 188 and 188A. The judgment was made by consent and the tribunal made a protective award for a 42-day protected period, capped at the Redundancy Payments Service limits. | Upheld | — | — |
Legal tests applied
3 references- s.188 TULRCA 1992
- s.188A 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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