Mr J Hume and Others v Andrew P.Orr (Decorators) Ltd (In Liquidation): 4101084/2025 and Others

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4101084/2025
Mr J Hume & othersClaimantAndrew P.Orr (Decorators) Limited (In Liquidation)Respondent
Employment Judge M RobisonDate 12 December 2025

JUDGMENT

Rule 22 of the Employment Tribunal Procedure Rules 2024 The Employment Judge has decided to issue the following judgment on the available material under rule 22.[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]In its response the respondent indicated that it did not contest the claim.[3]The respondent is in compulsory liquidation but the relevant court granted permission for the continuation of these proceedings on 12 August 2025.[4]The complaints that the respondent failed to comply with a requirement of section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 are 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 the employees based at Suite 33, Atruim Business Centre, North Caldeen Road, Coatbridge, ML5 4EF and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 3 April 2025 and is for 90 days. Multiple Schedule Multiple: 4100945 - Andrew P. Orr (Decorators) Limited Case Number Case Name 4101084/2025 Mr J Hume -v- Andrew P. Orr (Decorators) Limited (In Liquidation) 4101085/2025 Mr T Burton -v- Andrew P. Orr (Decorators) Limited 4101086/2025 Mr M Copeland -v- Andrew P. Orr (Decorators) Limited 4101087/2025 Mr G Findlay -v- Andrew P. Orr (Decorators) Limited 4101088/2025 Mr C Glackin -v- Andrew P. Orr (Decorators) Limited 4101089/2025 Mr E Kirkwood -v- Andrew P. Orr (Decorators) Limited 4101090/2025 Mr S McCallum -v- Andrew P. Orr (Decorators) Limited 4101091/2025 Mr K Mclean -v- Andrew P. Orr (Decorators) Limited 4101092/2025 Mr A Oluwafikayo -v- Andrew P. Orr (Decorators) Limited 4101093/2025 Mr S Omand -v- Andrew P. Orr (Decorators) Limited 4101094/2025 Mr C Robertson -v- Andrew P. Orr (Decorators) Limited 4101095/2025 Mr I Sallie -v- Andrew P. Orr (Decorators) Limited 4101096/2025 Mr R Wellwood -v- Andrew P. Orr (Decorators) Limited 4101097/2025 Mr S Wood -v- Andrew P. Orr (Decorators) Limited