Mr M McLeod and Others v Gibson Direct Ltd (in Liquidation) c/o Begbies Traynor Group Ltd and Secretary of State for Business Energy and Industrial Strategy: 4103033/2022 and Others

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 4103033/2022

Between

Mr Mark McLeodClaimant

Gibson Direct Ltd (in Liquidation) c/o Begbies Traynor Group Ltd and Secretary of State for Business Energy and Industrial StrategyRespondent

Before

Employment Judge M Whitcombe

Date 22 July 2022

JUDGMENT

The Employment Judge has decided to issue the following judgment on the available material under rule 21.

[1]The claimants are each entitled to bring this claim because the complaint concerns (in part) a failure relating to the election of employee representatives, and each of the claimants was both an affected employee and also an employee who was dismissed as redundant. Alternatively, none of the situations in s.189(1)(a), (b) or (c) of the Trade Union and Labour Relations (Consolidation) Act 1992 apply and the claimants were all employees dismissed as redundant.

[2]No response was presented by the First Respondent to this claim within the applicable time limit. In a letter dated 1 June 2022 the liquidators of the First Respondent indicated that they did not contest the claim and consented to it proceeding to judgment.

[3]The complaint that the first respondent failed to comply with a requirement of section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded. The respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less. There was neither a recognised trade union nor any other appropriate employee representatives, but 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.

[4]The Tribunal makes a protective award in respect of each of the claimants and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 31 October 2021 and is for 90 days. The First Respondent is ordered to pay the relevant sums to each of the claimants. Employment Judge: M Whitcombe Date of Judgment: 22 July 2022 Entered in register: 22 July 2022 and copied to parties Multiple Schedule Multiple: 4100225 - GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd Case Number Case Name 4103033/2022 Mr Mark McLeod -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103034/2022 Mr mark mcleod -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103035/2022 Mr alessandro matteo -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103036/2022 Mr neil ellis -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103037/2022 Mr andrew anderson -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103038/2022 Mr john adamson -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103039/2022 Mr john kerr -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103040/2022 Mr ryan morgan -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103041/2022 Mr stuart gordon -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103042/2022 Mr graeme jolly -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103043/2022 Mr andrew raeburn -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103044/2022 Mr alan waddell -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103045/2022 Ms irene waddell -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103046/2022 Mr ross gibson -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103047/2022 Mr peter carmichael -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103048/2022 Mr anthony dobbie -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103049/2022 Mr christopher ingram -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103050/2022 Mr david gillan -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103051/2022 Ms elaine weir -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103052/2022 Mr marc mcculloch -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103053/2022 Mr gordon mcquillan -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103054/2022 Mr james sargent -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4103055/2022 Mr robert gibson -v- GIBSON DIRECT LTD (In Liquidation) C/O Begbies Traynor Group Ltd & Others EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4103033/2022 Employment Judge M Whitcombe Mr Mark McLeod (and others whose names and addresses appear in the attached schedule) Claimants Gibson Direct Ltd (in liquidation) First Respondent Secretary of State for Business Energy and Industrial Strategy Second Respondent RECONSIDERATION JUDGMENT Having considered the claimant’s application, and in the absence of any opposition or response to the Tribunal’s letter of 13 December 2022 from either respondent, the Employment Judge has decided to vary the judgment previously issued under rule 21 as set out below. The interests of justice are such that the application for reconsideration will be allowed, even though it was made significantly out of time. The written submission made on behalf of the claimant and on which the original rule 21 judgment was based contained a crucial error in relation to the protected period, which was then repeated in the judgment. It is corrected in this varied judgment. 1 . The claimants are each entitled to bring this claim because the complaint concerns (in part) a failure relating to the election of employee representatives, and each of the claimants was both an affected employee and also an employee who was dismissed as redundant. Alternatively, none of the situations in s.189(1)(a), (b) or (c) of the Trade Union and Labour Relations (Consolidation) Act 1992 apply and the claimants were all employees dismissed as redundant. 2. No response was presented by the First Respondent to this claim within the applicable time limit. In a letter dated 1 June 2022 the liquidators of the First Respondent indicated that they did not contest the claim and consented to it proceeding to judgment. 3. The complaint that the first respondent failed to comply with a requirement of section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded. The respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less. There was neither a recognised trade union nor any other appropriate employee representatives, but 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. 4. The Tribunal makes a protective award in respect of each of the claimants and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 6 April 2022 and is for 90 days. The First Respondent is ordered to pay the relevant sums to each of the claimants.