Mr P Burke and others v Tayone Food Ltd (In Administration): 4100992/2019 and others

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 4100992/2019, 4100993/2019, 4100994/2019, 4100995/2019, 4100996/2019, 4100997/2019, 4100998/2019

Venue Dundee

Hearing 03 September 2019

Between

Mr P Burke & othersClaimant

Tayone Food Limited (In Administration)Respondent

Before

Employment Judge A Kemp

Date 4 September 2019

JUDGMENT

The judgment of the Tribunal is that(1) the respondent failed to comply with the requirements of Sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of its failure relating to the election of employee representatives and further its failure to consult with the individual employees all as required in Section 188(4) of the said Act, and

(2) the claimants are awarded a protective award in terms of Section 189 of the 1992 Act and the respondent is ordered to pay remuneration to the individual claimants for the protected period, namely 90 days starting from 22 October 2018.