GMB Scotland \u0026 others v Greenlight Environmental Ltd (in Administration) (Scotland : Protective Award) [2019] UKET 4123839/2018 (23 July 2019)

GMB Scotland \u0026 others v Greenlight Environmental Ltd (in Administration) (Scotland : Protective Award) [2019] UKET 4123839/2018 (23 July 2019)

The tribunal found that the respondent failed to comply with its statutory duty to consult with employee representatives prior to redundancy, justifying the making of a protective award.

Citation
[2019] UKET 4123839/2018
Parties
Claimant: GMB Scotland & others; Respondent: Greenlight Environmental Ltd (in Administration)
Jurisdiction
United Kingdom
Judgment Date
23 July 2019
Procedural Posture
Employment Tribunal / Judgment
Outcome
Protective award granted in favour of the claimants
Legal Topics
Protective Award, Collective Redundancy, Failure to Consult
Employment Law Protective Award Collective Redundancy Failure to Consult

Case Brief

Summary, issues, holding and outcome

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Parties

GMB Scotland & others

Claimant

Greenlight Environmental Ltd (in Administration)

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the respondent failed to consult with employee representatives prior to redundancy as required by law
  2. 2 Whether a protective award should be granted

Ratio Decidendi

The tribunal found that the respondent failed to comply with its statutory duty to consult with employee representatives prior to redundancy, justifying the making of a protective award.

Court Disposition

Protective award granted in favour of the claimants

Orders

  • Respondent to pay a protective award to the claimants for the statutory period