Ms A Smith v Belmont Filmhouse Ltd (In Administration): 4100507/2023

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4100507/2023
Ms A SmithClaimantBelmont Filmhouse LimitedRespondent
Employment Judge SangsterDate 25 July 2023

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 none of the situations in s. 189(1 )(a), (b) or (c) of the T rade Union and Labour Relations (Consolidation) Act 1 992 apply 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 administration but the administrator consented to the continuation of these proceedings in a letter dated 26 January 2023.[4]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.[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 carry out any consultation at all with the appropriate representatives of affected employees in accordance with s.188.[7]The Tribunal makes a protective award in respect of the claimant and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 6 October 2022 and is for 90 days.