Mr L Ritchie and Others v Foodmek Ltd (In Liquidation): 4100059/2024 and Others
JUDGMENT
The Tribunal makes a protective award in respect of the claimants, being employees dismissed as redundant by the respondent at their site at 17 Shanwell Road South, Tayport, Fife DD6 9EA and the respondent is ordered to pay remuneration for the protected period to the claimants. The protected period begins on 9 October 2023 and is for 90 days.REASONS
The Employment Judge has decided to issue a Judgment on the available material under Rule 21 of the Employment Tribunal Rules of Procedure on the following basis:[1]The claimants are entitled to bring this claim because the complaint concerns a failure relating to the election of employee representatives, and the claimants were employees dismissed as redundant. There was no recognised trade union involved.[2]No response from the respondent was presented to these claims within the applicable time limit.[3]The respondent is in liquidation. A Provisional Liquidator was appointed on 10 October 2023 and the respondent wound up by order of Dundee Sheriff Court on 28 October 2023. The Liquidator consented to the continuation of these proceedings in letter dated 12 March 2024.[4]Dundee Sheriff Court granted an interlocutor on 12 March 2024 granting leave to Robert Galloway, Noter and one of the claimants, to bring proceedings against the respondent under section 130(2) of the Insolvency Act 1986. In light of the nature of the claim made for a protective award and the circumstances the Judge considers that such consent should be regarded as applicable to all the claimants in this case having regard to the terms of the overriding objective in Rule 2.[5]All of the claims being pursued in relation to the respondent in respect of the said dismissals were combined by order of the Tribunal dated 10 September 2024. 5. The respondent dismissed as redundant 20 or more employees at one establishment within a period of 90 days or less. The respondent failed to ensure that employee representatives were elected in accordance with s.188A, and then to consult with them in accordance with s.188. The dismissals took place on 9 October 2023. There were initially 20 claimants, one claim having been struck out under Rule 37 leaving those set out in the Schedule below, but the claimants aver that around 32 employees were dismissed on that date. The complaint that the respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[7]The Tribunal makes a protective award in respect of the claimants as employees dismissed as redundant by the respondent at their site at 17 Shanwell Road South, Tayport, Fife DD6 9EA and the respondent is ordered to pay remuneration for the protected period. The protected period begins on 9 October 2023 and is for 90 days. A Kemp Employment Judge 26 November 2024 Date of Judgment Multiple Schedule Multiple: 4100627 - Foodmek Limited Case Number Case Name 4107048/2023 Miss I donald -v- Foodmek Ltd (In Liquidation) 4100059/2024 Mr L Ritchie -v- Foodmek Limited (In Liquidation) 4100060/2024 Mr S Holmes -v- Foodmek Limited 4100061/2024 Mr M Jellye -v- Foodmek Limited 4100062/2024 Ms J Anderson -v- Foodmek Limited 4100063/2024 Mr P Sandeman -v- Foodmek Limited 4100064/2024 Mr S Robertson -v- Foodmek Limited 4100065/2024 Mr A West -v- Foodmek Limited 4100066/2024 Mr Z Fullerton -v- Foodmek Limited 4100067/2024 Mr T A Clark -v- Foodmek Limited 4100068/2024 Mr D Cook -v- Foodmek Limited 4100069/2024 Mr D Dickson -v- Foodmek Limited 4100070/2024 Mr M Murdie -v- Foodmek Limited 4100071/2024 Mr J Carson -v- Foodmek Limited 4100072/2024 Mr J Gibson -v- Foodmek Limited 4100073/2024 Mr B Fotheringham -v- Foodmek Limited 4100074/2024 Mr S Boath -v- Foodmek Limited 4100103/2024 Mr S Mallows -v- Foodmek Ltd (In Liquidation) 4102732/2024 Mr R Galloway -v- Foodmek Limited (In Liquidation)