Mr L Simpson v Belmar Engineering Services Ltd (In Liquidation): 4100937/2025
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 The respondent failed to comply with their obligations to consult their employees in terms of section 188 and 188A of the Trade Union and Labour Relations Act and the Tribunal makes a protective award in respect of the claimants, being employees dismissed as redundant by the respondent at their site at Belmar Engineering, Abbotswell Road, Aberdeen, Aberdeenshire AB12 3AJ. The respondent is ordered to pay remuneration for the protected period to the claimants. The protected period is the period of 90 days beginning on 15 April 2025.REASONS
The Employment Judge has decided to issue a Judgment on the available material under Rule 22 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]Correspondence was received from the Liquidator for the Respondent on 15 July 2025 and 21 July 2025, the claims were not contested.[3]The respondent is in administration. The Liquidators were appointed on 14 March 2025 and by letter of 21 July 2025 the Liquidator agreed to lift the moratorium to enable the Claimants to claim for a protective award.[4]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 15 April 2025. 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 Tribunal makes a protective award in respect of the claimants as employees dismissed as redundant by the respondent at their site at Belmar Engineering, Abbotswell Road, Aberdeen, Aberdeenshire AB12 3AJ and the respondent is ordered to pay remuneration for the protected period. The protected period begins on 15 April 2025 and is for 90 days. 20 November 2025