Ms A Reynolds and Others v Hotelfone Ltd (in Liquidation) c/o Begbies Traynor Ltd and The Secretary of State for Business and Trade: 4101153/2025 and Others

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 4101153/2025

Venue Glasgow by cloud video platform

Hearing 3 November 2025

Between

Ms A ReynoldsClaimant

Hotelfone Ltd (in Liquidation) c/o Begbies Traynor Ltd and The Secretary of State for Business and TradeRespondent

Before

Employment Judge S MacLean

Date 19 November 2025

JUDGMENT

The Judgment of the Employment Tribunal is as follows.

[1]The complaint that the first respondent failed to comply with its duty to consult under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.

[2]A protective award for 90 days’ pay is made effective from 13 March 2025 pursuant to section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. E.T. Z4 (WR)

[3]The first respondent is ordered to pay the appropriate remuneration to each affected employee in accordance with section 190 of the Trade Union and Labour Relations (Consolidation) Act 1992.

REASONS

[1]The first respondent was a limited company providing hospitality reservation services. The claimants were employed by the first respondent until their dismissal on 13 March 2025 due to redundancy. On the same date, Kenneth Robert Craig of Begbies Traynor was appointed joint liquidator. The second respondent is the Secretary of State for Business and Trade.

[2]The claimants commenced early conciliation on 14 May 2025, with a certificate issued on 19 May 2025. They submitted claims to the Tribunal on 11 June 2025, seeking a declaration under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 and a protective award under section 189 of the Act.

[3]The first respondent did not submit a response. However, the claim form included a letter from Mr Craig stating that, due to commercial sensitivity and efforts to preserve the business, consultation with employees was not possible. He raised no objection to any protective award.

[4]The second respondent sent a response but indicated they would not be represented at the hearing.

[5]The first claimant attended the hearing and gave evidence on her own behalf. Although her evidence was not challenged in cross-examination I found her evidence to be credible and reliable. I made the following findings in fact. Findings in fact

[6]The first respondent is a limited company that provided hospitality services from its registered office at 2 Gateside, Prieston Road, Bridge of Weir, PA11 3AJ. The first respondent’s director and centralised finance function operated from this location, where 41 employees were based. During the COVID-19 pandemic, the first respondent adopted remote working, later transitioning to a hybrid model.

[7]There was no recognised trade union in the workplace, nor were there any existing representative bodies with appropriate authority to consult on behalf of employees.

[8]The first claimant was aware that the first respondent had faced financial difficulties since the COVID-19 pandemic. The first respondent did not engage in any meaningful consultation with the claimants regarding potential redundancies or the election of employee representatives.

[9]On 13 March 2025, all employees, including the claimants, were asked to attend a meeting with the joint liquidators either in person at the respondent’s premises or virtually. At that meeting, they were informed that liquidators had been appointed and the business would cease trading that day.

[10]On 13 March 2025, all employees of the first respondent were made redundant. The first respondent failed to invite employees to elect representatives for consultation purposes. There were no special circumstances rendering such elections not reasonably practicable. Deliberations

[11]Based on the evidence, I am satisfied that the first respondent dismissed more than 20 employees at one establishment within a period of 90 days or less.

[12]There was no recognised trade union or representative body in the workplace. The first respondent failed to ensure the election of employee representatives in accordance with section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992, and did not consult as required under section 188.

[13]I make a protective award in respect of the redundancies, as the first respondent failed to consult with elected employee representatives. The claimants are therefore entitled to bring this claim.

[14]I have decided to make a protective award covering all employees dismissed as redundant at the first respondent’s only establishment at 2 Gateside, Prieston Road, Bridge of Weir, PA11 3AJ. The protective period begins on 13 March 2025 and is set at 90 days.

[15]The first respondent is ordered to pay the appropriate remuneration for this period. Multiple Schedule Multiple: 4100948 - Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd Case Number Case Name 4101153/2025 Ms A Reynolds -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101155/2025 Ms A Cooper -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101156/2025 Ms A Tiebs -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101157/2025 Ms A Kennedy -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101158/2025 Ms A Proctor -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101159/2025 Mr B Kyle -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others Mr C Walcott-Blunt -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & 4101160/2025 Others 4101161/2025 Ms C Williams -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101162/2025 Ms C Price -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101163/2025 Ms D Marshall -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101164/2025 Ms G Casu -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101165/2025 Ms H Gribbin -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101166/2025 Ms H Barry -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101167/2025 Ms J Voyle -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101168/2025 Ms J Ackroyd -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101169/2025 Ms J Clive -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101170/2025 Ms J Westcar -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101171/2025 Ms J Monarca -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others Mr J-P Ojeda Beri -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & 4101172/2025 Others 4101173/2025 Ms K Loncle -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101174/2025 Ms K Johnston -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101175/2025 Ms K Rabess -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101176/2025 Ms K Hamilton -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101177/2025 Ms K Copland -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101178/2025 Ms L Eaton -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101179/2025 Ms L Harrison -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101180/2025 Ms L Wilford -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101181/2025 Ms M B Lobo -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101182/2025 Ms M Hindley -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101183/2025 Ms M Monteith -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101184/2025 Ms N Dewis -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101185/2025 Ms N Jacobs -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101186/2025 Mr P Guscin -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101187/2025 Mr R Whiteford -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101188/2025 Ms R Lambert -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101189/2025 Ms T Stubbs -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101190/2025 Ms T Knight -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101191/2025 Ms V Picconi -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101192/2025 Ms V Shaw -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others 4101193/2025 Ms Z Barlas -v- Hotelfone Limited (In Liquidation) C/O Begbies Traynor Ltd & Others