Ms C S Bryson and others v 77 Hospitality (UK) Ltd - In Liquidation c/o C L Middlebrook: 4102528/2020 and others

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 4102528/2020

Between

Ms C S Bryson (& 12 other claimantsClaimant

77 Hospitality (UK) Ltd – In LiquidationRespondent

Before

Employment Judge Porter

Date 28 July 2021

JUDGMENT

[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 these claims 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 22 July 2021 .

[4]The complaint that the respondent failed to comply with a requirement of section 1 88 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 employees employed at 161 Springfield Road, Aberdeen whose dismissal has failed to comply with a requirement of s.188 and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 13 February 2020 and is for 90 days. Employment Judge: Shona MacLean Date of Judgment: 28 July 2021 Multiple Schedule Multiple: 9374 - 77 Hospitality Uk Ltd Case Number Case Name 4102528/2020 Ms Caroline Sarah Bryson -v- 77 Hospitality Uk Ltd (in liquidation) 4102529/2020 Miss Caroline Sarah Bryson -v- 77 Hospitality Uk Ltd (in liquidation) 4102530/2020 Miss Gemma Anderson -v- 77 Hospitality Uk Ltd (in liquidation) 4102531/2020 Mr Tuzu Ciprian Alexandru -v- 77 Hospitality Uk Ltd (in liquidation) 4102532/2020 Mr Gabriel Debu -v- 77 Hospitality Uk Ltd (in liquidation) 4102533/2020 Mr James Gellatly -v- 77 Hospitality Uk Ltd (in liquidation) 4102534/2020 Mr George Bijumon -v- 77 Hospitality Uk Ltd (in liquidation) 4102535/2020 Mr Sergio Miguel Vaz Gomes -v- 77 Hospitality Uk Ltd (in liquidation) 4102536/2020 Miss Jayne Groundwater -v- 77 Hospitality Uk Ltd (in liquidation) 4102537/2020 Miss Molly McIntosh -v- 77 Hospitality Uk Ltd (in liquidation) 4102538/2020 Miss Nicoleta Roaica Ion -v- 77 Hospitality Uk Ltd (in liquidation) 4102539/2020 Mr George Puliyn Yacob -v- 77 Hospitality Uk Ltd (in liquidation) 4102540/2020 Miss Gabriela Schmuck Zardetto -v- 77 Hospitality Uk Ltd (in liquidation) 4102541/2020 Miss Nicole Abbie Watt -v- 77 Hospitality Uk Ltd (in liquidation)