Mr P O’Brien and others v Raeburn Construction Services Ltd (In Compulsory Liquidation): 4101263/2023 and others
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 claimants were employees dismissed as redundant.[2]No response was presented to this claim 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 02 November 2023.[4]The complaint that the respondent failed to comply with a requirement of section 188 or section 188A 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 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 each claimant and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 11 November 2022 and is for 90 days. Employment Judge: A Jones Date of Judgment: 18 December 2023 Judgment Schedule - 4101263/2023 & Others Case Number Claimant 4101264/2023 Mr Matthew Kerr 4101265/2023 Mr Craig Erskine 4101266/2023 Mr Grant MacDougall 4101267/2023 Mrs Leassa Dryburgh 4101269/2023 Mr Thomas McNicol 4101270/2023 Mrs Catherine MacKenzie 4101271/2023 Ms Plamena Savova 4101272/2023 Ms Lorraine Diston 4101273/2023 Ms Adriane Elder 4101274/2023 Mr Stuart Crighton 4101275/2023 Mr James Watson 4101276/2023 Mr Todd Fleming Mr Grant Guthrie 4101277/2023 Mr Michael James Downes 4101278/2023 4101279/2023 Mr Derek Pryor 4101280/2023 Mr Mark Erskine 4101281/2023 Mr Macin Sionkowski Mr Bruce Barclay 4101282/2023 4101914/2023 Mr Scott Raeburn 4101915/2023 Mrs Sarah Raeburn