Miss L Henderson v Nevis Ensemble: 4103279/2023
JUDGMENT
No response has been presented to this claim and an Employment Judge has decided to issue the following judgment on the available material under rule 21:[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the sum of £956.52 (twelve days’ gross pay at a rate of £79.71 per day).[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £239.13 (one week’s gross pay).[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £470.29 (5.9 days’ gross pay at a rate of 79.71 per day.[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]The respondent has been sequestrated and the trustee was informed of their right to enter the proceedings and defend the claim on 1 November 2023.[3]No response was presented to this claim within the applicable time limit.[4]The complaint that the 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.[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 the claimants dismissed as redundant and based at the respondent’s premises at Platform at the Bridge, 1000 Westerhouse Road, Glasgow, G34 9JW and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 24 January 2023 and is for 90 days. Employment Judge: S Maclean Date of Judgment: 15 December 2023 Multiple Schedule Multiple: 4100467 - Nevis Ensemble Case Number Claimant Respondent Miss Lynn Henderson Nevis Ensemble Platform - The Bridge 1000 4103279/2023 Westerhouse Road Glasgow G34 9JW Miss Brianna Berman Nevis Ensemble Platform - The Bridge 1000 4103280/2023 Westerhouse Road Glasgow G34 9JW Ms Sarah Canzonetta Nevis Ensemble Platform - The Bridge 1000 4103281/2023 Westerhouse Road Glasgow G34 9JW Miss Emily Crichton Nevis Ensemble Platform - The Bridge 1000 4103282/2023 Westerhouse Road Glasgow G34 9JW Mr David Cumming Nevis Ensemble Platform - The Bridge 1000 4103283/2023 Westerhouse Road Glasgow G34 9JW Ms Sze Man Lee Nevis Ensemble Platform - The Bridge 1000 4103284/2023 Westerhouse Road Glasgow G34 9JW Miss Caroline McCready Nevis Ensemble Platform - The Bridge 1000 4103285/2023 Westerhouse Road Glasgow G34 9JW Mrs Jennifer Moss Nevis Ensemble Platform - The Bridge 1000 4103286/2023 Westerhouse Road Glasgow G34 9JW Nevis Ensemble Mr Sagnick Mukherjee Platform - The Bridge 1000 4103287/2023 Westerhouse Road Glasgow G34 9JW Miss Laetitia Pannetier Nevis Ensemble Platform - The Bridge 1000 4103288/2023 Westerhouse Road Glasgow G34 9JW Ms Charlotte Perkins Nevis Ensemble Platform - The Bridge 1000 4103289/2023 Westerhouse Road Glasgow G34 9JW Ms Lisa Robertson Nevis Ensemble Platform - The Bridge 1000 4103290/2023 Westerhouse Road Glasgow G34 9JW Mr Juan Antonio Rodriguez Diaz Nevis Ensemble Platform - The Bridge 1000 4103291/2023 Westerhouse Road Glasgow G34 9JW Mr Evangelos Nevis Ensemble Saklaras Platform - The Bridge 1000 4103292/2023 Westerhouse Road Glasgow G34 9JW Mr Roberto Schoham Nevis Ensemble Platform - The Bridge 1000 4103293/2023 Westerhouse Road Glasgow G34 9JW Miss Emily Stokes Nevis Ensemble Platform - The Bridge 1000 4103294/2023 Westerhouse Road Glasgow G34 9JW Miss Hannah Renton Nevis Ensemble Platform - The Bridge 1000 4103295/2023 Westerhouse Road Glasgow G34 9JW