Case 4112091/2019 · Employment Tribunal
the Union v Havelock International Limited (in Administration) — 2021
- Case reference
- 4112091/2019
- Decision date
- 9 February 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Kearns Unite
Parties
2 namedClaimant
the Union
Key findings
Tribunal's reasoningThe claimant was Unite the Union, recognised by the respondent for collective bargaining for all hourly paid employees. On 31 July 2019 the respondent entered administration, ceased trading, and more than 20 employees were dismissed by reason of redundancy with immediate effect. The tribunal recorded that before that date no information or warning had been given to the union and there had been no prior consultation.
The tribunal found that the respondent did not inform and consult with the appropriate representatives in accordance with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It noted that, because the failure related to representatives of a trade union, title to sue was conferred on the union under section 189(1)(c) on behalf of all employees in the recognised category, whether or not they were union members.
The complaint under section 189 was held to be well founded. The tribunal made a protective award in favour of all employees of the respondent who were made redundant on or within 90 days of 31 July 2019, and ordered the respondent to pay remuneration for the protected period of 8 weeks from 31 July 2019. The parties were agreed that the protected period should be 8 weeks and sought a consent order for that period.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to consult under section 188; the tribunal found the claim well founded and made a protective award. | Upheld | — | — |
Legal tests applied
2 references- section 188 TULRCA
- section 189 TULRCA
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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