Mrs P Dunn v SF Ops Ltd: 4100201/2023 Mrs P Dunn v SF Ops Ltd: 4100201/2023
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4100201/2023
Between
Mrs P DunnClaimantSF Ops LtdRespondent
Before
Employment Judge F EcclesDate 14 March 2024
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 consultation and 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 complaint that the respondent failed to comply with a requirement of sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[4]The respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less.[5]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.[6]The Tribunal makes a protective award in respect of employees dismissed as redundant at the respondent’s establishment at Snow Factor, Unit 30, XSITE, King’s Inch Road, Braehead, Renfrewshire, PA4 8XG and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 15 November 2022 and is for 90 days. Employment Judge: F Eccles Date of Judgment: 14 March 2024 Entered in register: 14 May 2024 and copied to parties EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100201/2023 Employment Judge F Eccles Mrs P Dunn SF Ops Ltd Claimant Respondent[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the net sum of £751.10.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the net sum of £4159.92 (12 weeks at £346.66).[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £8695.89 (10 weeks x 1.5 at £414.09 plus 6 weeks at £414.09) The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £1175.40 (9 days at £130.60). 4[5]The claimant was unfairly dismissed and the respondent shall pay to the claimant £500 for loss of statutory rights.