Case 4112462/2021 · Employment Tribunal
Claimant v Forth Care Limited (in Liquidation) — 2022
- Case reference
- 4112462/2021
- Decision date
- 14 July 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Kearns Date
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe claim form was sent to the respondent on 26 November 2021 and no response was entered. On 16 May 2022 the respondent was placed into creditors' voluntary liquidation, and the joint liquidators indicated that they did not intend to enter the proceedings and that there were no funds in the liquidation to meet the claim.
The Employment Judge decided under Rule 21 of the Employment Tribunal Rules of Procedure 2013 that liability could properly be determined on the available material without a hearing. The judgment held that the claimant's complaints of protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992, redundancy pay, notice pay and holiday pay all succeeded.
The judgment did not fix any monetary remedy. It recorded that the remedy to which the claimant was entitled would be determined by an Employment Judge at a hearing if required.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992; liability succeeded and remedy was deferred. | Upheld | — | — |
| Redundancy | Complaint for redundancy pay succeeded; no amount was fixed in this judgment. | Upheld | — | — |
| Breach of contract | Complaint for notice pay succeeded; no amount was fixed in this judgment. | Upheld | — | — |
| Holiday pay | Complaint for holiday pay succeeded; no amount was fixed in this judgment. | Upheld | — | — |
Legal tests applied
2 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- section 189 of the Trade Union and Labour Relations (Consolidation) Act 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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