Mr T Sommerville and others v Bathgate Realisations Plant Ltd (In Administration): (Scotland : Breach of Contract : Protective Award) [2017] UKET 4105296/2016 (10 May 2017)

Mr T Sommerville and others v Bathgate Realisations Plant Ltd (In Administration): (Scotland : Breach of Contract : Protective Award) [2017] UKET 4105296/2016 (10 May 2017)

The tribunal found that the respondent failed to comply with the statutory duty to consult, and that the circumstances did not make consultation impracticable, thus a protective award was appropriate.

Citation
[2017] UKET 4105296/2016
Parties
Claimant: Mr T Sommerville and others; Respondent: Bathgate Realisations Plant Ltd (In Administration)
Jurisdiction
United Kingdom
Judgment Date
10 May 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Protective award granted in favour of the claimants
Legal Topics
Breach of Contract, Protective Award
Employment Law Breach of Contract Protective Award

Case Brief

Summary, issues, holding and outcome

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Parties

Mr T Sommerville and others

Claimant

Bathgate Realisations Plant Ltd (In Administration)

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the respondent breached contract by failing to consult employees prior to redundancy
  2. 2 Whether a protective award is due to the claimants

Ratio Decidendi

The tribunal found that the respondent failed to comply with the statutory duty to consult, and that the circumstances did not make consultation impracticable, thus a protective award was appropriate.

Court Disposition

Protective award granted in favour of the claimants

Orders

  • Respondent to pay protective award to claimants