Decision date
27 April 2026
Tribunal
Employment Tribunal
Jurisdiction
Scotland
Judge
Employment Judge M Whitcombe
Case Summary
The claimants were dismissed as redundant when the respondent company entered administration. The tribunal found the respondent breached its statutory obligations under the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to consult appropriate employee representatives before dismissing 20 or more employees within a 90-day period. The claimants are entitled to a protective award of 90 days' pay.
Why this outcome?
The tribunal found the claimants were employees entitled to bring claims after being dismissed as redundant. The respondent breached its statutory obligations under sections 188A and 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to consult or elect appropriate employee representatives before dismissing 20 or more employees within 90 days, therefore a protective award of 90 days' pay is due.
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Key Issues
- •Entitlement to bring redundancy claims
- •Failure to consult employee representatives before mass redundancy
- •Breach of sections 188A and 188 of Trade Union and Labour Relations (Consolidation) Act 1992
- •Protective award entitlement
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Case Details
- Case No.
- 4104136/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 27 April 2026
- Published
- 26 June 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Whitcombe
- Representation
- Legally represented