Mr A Budge and others v DDP Contractors Ltd (In Liquidation): 4101219/2023 and others

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4101219/2023
Mr A BudgeClaimantDDP Contractors Ltd (In Liquidation)Respondent
Employment Judge M WhitcombeDate 5 September 2023

JUDGMENT

The Employment Judge has decided to issue the following judgment on the available material under rule 21.[1]The claimants are 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]No response to the claims was presented by the respondent within the applicable time limit.[3]The respondent is in compulsory liquidation but the relevant court granted permission for the continuation of these proceedings on 4 July 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 the claimants who were all employed at the respondent’s premises, Units 30 & 31 Logie Way, Logie Business Park, Kirriemuir, Angus, DD8 5PU and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 1 November 2022 is for 90 days.