Mr S McCallum and Others v Barrochan Ltd (in liquidation): 4100062/2021 and Others (per attached schedule)
JUDGMENT
The Employment Judge has decided to issue the following judgment on the available material under rule 21 .[1]The claimant is entitled to bring this claim because the complaint concerns a failure relating to the election of employee representatives, and the claimant was an employee dismissed as redundant.[2]No response was presented to this claim within the applicable time limit.[3]The respondent is in compulsory liquidation but the relevant court granted permission for the continuation of these proceedings on 21 September 2021 .[4]The complaint that the respondent failed to comply with a requirement of section 1 88 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[5]The respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less.[6]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.[7]The Tribunal makes a protective award in respect of employees dismissed as redundant at the respondent’s establishment at Unit 3, Imperial Park, West Avenue, Linwood, PA32FB and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 10 September 2020 and is for 90 days. Judge: Shona MacLean Date of Judgement: 22 August 2021 Multiple Schedule Multiple: 9636 - Barrochan Limited (in Liquidation) Case Number Claimant Mr Stephen McCallum 4100062/2021 Mr Mark Antony Brady 4100063/2021 Mr Seoras MacKenzie Campbell 4100064/2021 Mr Alexander Dorans 4100065/2021 Mr Peter Flanagan 4100066/2021 Mr John Gentle 4100067/2021 Mr Scott Gibbons 4100068/2021 Mr Steven Graham 4100069/2021 Mr Colin Harrower 4100070/2021 Mr Ben Lauchlan 4100071/2021 Mr Daniel McAllister 4100072/2021 Mr Gary McAllister 4100073/2021 Mr Andrew McCafferty 4100074/2021 Mr Lee McCallum 4100075/2021 Mr Stephen McCallum 4100076/2021 Mr Kailum McGinn 4100077/2021 Mr Martin McKellar 4100078/2021 Mr John Ross McKinnon 4100079/2021 Mr Ross Kenneth McNally 4100080/2021 Mr Joseph Murray 4100081/2021 Mr Jack James Nelson 4100082/2021 Mr David Robertson 4100083/2021 Mr David Snelling 4100084/2021 Mr Robert Speirs 4100085/2021 Mr Gordon Stalker 4100086/2021 Mr Ian Tait 4100087/2021 Mr Blair Murray Waterston 4100088/2021 Mr James Wilson 4100089/2021