Case 4123361/2018 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4123361/2018 Mr C Wood v George Birchall Limited (in administration) — 2019
- Case reference
- 4123361/2018
- Decision date
- 28 March 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Walker
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4123361/2018 Mr C Wood
Key findings
Tribunal's reasoningThe respondent stated that no part of the claim was contested, and Employment Judge Walker issued a Rule 21 judgment on the available material. The tribunal declared that George Birchall Limited had failed to comply with section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award under section 189 for a period of 90 days starting on 10 September 2018.
The tribunal also found that Mr C Wood had been dismissed in breach of contract in respect of notice and ordered damages of £10,500, described as three months' contractual notice at £3,500 per month. It further found that he was dismissed by reason of redundancy and entitled to a redundancy payment of £2,963. The judgment states that this figure resulted from a contractual redundancy amount of £7,000 less £4,064 paid by the redundancy payment office, although the arithmetic in that parenthetical explanation does not match the net figure stated in the judgment.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under section 188A and section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992; the judgment states a 90-day protected period starting on 10 September 2018, but no monetary sum is stated in the extracted text. | Upheld | — | — |
| Breach of contract | Dismissal in breach of contract as to notice; damages awarded at £10,500, calculated in the judgment as three months' contractual notice at £3,500 per month. | Upheld | — | £10,500 |
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy and entitled to a redundancy payment of £2,963. The parenthetical calculation in the judgment states 'contractual redundancy of £7,000 less £4,064 paid by redundancy payment office', which does not arithmetically match the stated net figure. | Upheld | — | £2,963 |
Legal tests applied
3 references- Rule 21 Employment Tribunal Rules of Procedure 2013
- section 188A TULRCA 1992
- section 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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