Case 4111946/2021 · Employment Tribunal
Claimant v Forth Care Limited (in Liquidation) — 2022
- Case reference
- 4111946/2021
- Decision date
- 19 July 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Kearns Date
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe judgment was issued under Rule 21 after the respondent failed to enter a response to the claim form sent on 27 October 2021. The case concerned Ms L Scullion and two other claimants, against Forth Care Limited (in liquidation). The Employment Judge held that, on the available material, liability could properly be determined without a hearing, but remedy could not.
The respondent was placed into creditors’ voluntary liquidation on 16 May 2022. The liquidators, Kenneth Wilson Pattullo and Kenneth Robert Craig, indicated that they had no intention of entering the proceedings and that there were no funds in the liquidation to meet the claim. In that context, the tribunal recorded that the claimants’ complaints succeeded, but the amount of any remedy was left for a later hearing if required.
The complaints that succeeded were unfair dismissal, a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992, redundancy pay, holiday pay, unauthorised deduction from wages, and notice pay. The judgment does not set out separate monetary awards for any head of claim in this decision.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Recorded from the judgment. | Upheld | — | — |
| Other | Protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. | Upheld | — | — |
| Redundancy | Recorded from the judgment. | Upheld | — | — |
| Holiday pay | Recorded from the judgment. | Upheld | — | — |
| Unlawful deduction from wages | Recorded from the judgment. | Upheld | — | — |
| Breach of contract | Notice pay. | Upheld | — | — |
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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