Mr A Smith v Daviot Group Ltd and Daviot Group Ltd (In Liquidation) (Scotland : Protective Award) [2020] UKET 4107552/2017 (2 March 2020)

Mr A Smith v Daviot Group Ltd and Daviot Group Ltd (In Liquidation) (Scotland : Protective Award) [2020] UKET 4107552/2017 (2 March 2020)

The respondent failed to consult employees as required by law, entitling the claimant to a protective award.

Citation
[2020] UKET 4107552/2017
Parties
Claimant: Mr A Smith; Respondent: Daviot Group Ltd; Respondent: Daviot Group Ltd (In Liquidation)
Jurisdiction
United Kingdom
Judgment Date
02 March 2020
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
claim upheld
Legal Topics
Protective Award, Collective Redundancy, Failure to Consult
Employment Law Protective Award Collective Redundancy Failure to Consult

Case Brief

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Parties

Mr A Smith

Claimant

Daviot Group Ltd

Respondent

Daviot Group Ltd (In Liquidation)

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the respondent failed to consult employees as required under the Trade Union and Labour Relations (Consolidation) Act 1992 before collective redundancies
  2. 2 Entitlement of claimant to a protective award

Ratio Decidendi

The respondent failed to consult employees as required by law, entitling the claimant to a protective award.

Court Disposition

claim upheld

Orders

  • Protective award granted to claimant