Mr A Bruce and Others v Dovetail Enterprises (1993) Ltd (In Administration): 4102611/2025 and Others
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 The respondent failed to comply with their obligations to consult their employees in terms of section 188 and 188A of the Trade Union and Labour Relations Act and the Tribunal makes a protective award in respect of the claimants, being employees dismissed as redundant by the respondent at their site at Dunsinane Industrial Estate, Dunsinane Avenue, Dundee, Angus DD2 3QN. The respondent is ordered to pay remuneration for the protected period to the claimants. The protected period is the period of 90 days beginning on 28 March 2025.REASONS
The Employment Judge has decided to issue a Judgment on the available material under Rule 22 of the Employment Tribunal Rules of Procedure on the following basis:[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. There was no recognised trade union involved.[2]A response was received to the claim from the Joint Administrator for the Respondent on 29 July 2025, by which the claims were not contested.[3]The respondent is in administration. The Joint Administrators were appointed on 28 March 2025 and by e-mail of 29 July 2025 they consented to the claim proceeding to enable the Claimants to claim for a protective award.[4]The respondent dismissed as redundant 20 or more employees at one establishment within a period of 90 days or less, doing so on dates from 28-31 March 2025. The claimants were dismissed on 28 March 2025. 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. 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 Tribunal makes a protective award in respect of the claimants as employees dismissed as redundant by the respondent at their site at Dunsinane Industrial Estate, Dunsinane Avenue, Dundee, Angus DD2 3QN and the respondent is ordered to pay remuneration for the protected period. The protected period begins on 28 March 2025 and is for 90 days. 3 December 2025 Multiple Schedule Multiple: 4100973 - Dovetail Enterprises (1993) Limited Case Number Case Name 4102611/2025 Mr A Bruce -v- Dovetail Enterprises (1993) Limited (In Administration) 4102612/2025 Mr J Chalmers -v- Dovetail Enterprises (1993) Limited 4102613/2025 Mr W Gorthy -v- Dovetail Enterprises (1993) Limited 4102614/2025 Ms A Ledina -v- Dovetail Enterprises (1993) Limited 4102615/2025 Mr R McGuddon -v- Dovetail Enterprises (1993) Limited 4102616/2025 Mr G Roshier -v- Dovetail Enterprises (1993) Limited 4102617/2025 Ms D Taylor -v- Dovetail Enterprises (1993) Limited 4102618/2025 Mr R Virtigs -v- Dovetail Enterprises (1993) Limited