Case 8000069/2025 · Employment Tribunal
Mr D Gall v Hadden Construction Limited (In Administration) — 2025
- Case reference
- 8000069/2025
- Decision date
- 27 March 2025
- Jurisdiction
- Scotland
- Judge
- Employment Judge McFatridge
Parties
2 namedClaimant
Mr D Gall
Key findings
Tribunal's reasoningThe Employment Judge issued judgment under Rule 22 on the available material. A response had been received from the Joint Administrator on 7 January 2025 and the claims were not contested. The judgment records that the respondent was in administration, that the Joint Administrators had been appointed on 10 September 2024, and that by letter dated 23 March 2025 they agreed to lift the moratorium so the claimants could pursue a protective award.
The tribunal found that the respondent dismissed 20 or more employees as redundant at one establishment within a period of 90 days or less, with the dismissals taking place on 10 September 2024. It also found that the respondent failed to ensure employee representatives were elected in accordance with section 188A and then failed to consult with them in accordance with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. On that basis, the complaint of failure to comply with section 188 was well founded.
The tribunal therefore made a protective award in respect of the claimants, who were employees dismissed as redundant at the respondent's site at 1 Maidenplain Place, Aberuthven, Nr Auchterarder, Perthshire PH3 1EL. The protected period was held to be 90 days beginning on 10 September 2024, and the respondent was ordered to pay remuneration for that protected period. The extracted judgment does not state a monetary total for the award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under sections 188 and 188A TULRCA 1992 for failure to consult on redundancies; no separate monetary amount is stated in the extracted text. | Upheld | — | — |
Legal tests applied
3 references- Rule 22 Employment Tribunal Procedure Rules 2024
- section 188 TULRCA 1992
- section 188A 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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