Mr G Smith and others v Ready4Retirement Ltd (In Administration/Liquidation) and Secretary of State for Business Energy and Industrial Strategy: 4103358/2022 and 51 others

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 4103358/2022

Between

Mr G SmithClaimant

Ready4Retirement Ltd (In Administration/Liquidation) and Secretary of State for Business Energy and Industrial StrategyRespondent

Before

Employment Judge M Robison

Mr W Bolling for claimant

Consultant for claimant

and 51 other claimants per attached schedule for claimant

Date 12 October 2022

JUDGMENT

[1]The complaint that the first respondent failed to comply with the requirement under Section 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 (the 1992 Act) is well founded; and

[2]Each claimant is entitled to a protective award for 90 days from 9 May 2022 under section 189(2) of the 1992 Act; and

[3]The first respondent shall pay to the claimants the appropriate remuneration pursuant to section 190 of the 1992 Act.

REASONS

[1]The first respondent was a limited company involved in the provision of funeral planning arrangements. It is now in liquidation. No response has been presented to these claims by the first respondent.

[2]The second respondent is the statutory guarantor for any award under section 188 pursuant to Part XII of the 1992 Act. The second respondent resists the claims.

[3]The second respondent submitted a response and written representations. The second respondent states that they were not present at the events prior to dismissal and are unaware of the circumstances surrounding consultation with employees. For that reason, the second respondent stated that it neither supports nor resists the protective award claims but made submissions only to assist the Employment Tribunal in making its judgement in relation to the claims for a protective award against the former employer. In particular, the second respondent sought to ensure that the Tribunal ensured that the claimants were eligible to bring their claims.

[4]The Tribunal is so satisfied for the following reasons.

[5]The claimants were employed by the first respondent’s premises at 2 Forbes Drive, Ayr.

[6]There was no recognised trade union in the workplace. There were no other existing representative bodies with appropriate authority to consult with the employer on behalf of employees.

[7]On or around 5 May 2022, the claimants were called to attend a meeting at which they were informed that liquidators were being appointed and the business would cease trading imminently.

[8]Kennth Pattullo and Kenneth Craig of Begbies Traynor Group Ltd were appointed joint administrators of the first respondent on 9 May 2022.

[9]On 9 May 2022, the claimants were advised that their employment was terminated by reason of redundancy. No consultation or notice was given to the employees before their employment was terminated.

[10]Mr Pattullo has confirmed by letter dated 7 June 2022 that he does not intend to defend the claims and does not object a protective award judgment.

[11]The claimants were dismissed on 9 May 2022. The respondent dismissed more than 20 employees by reason of redundancy within a 90-day period. All the employees were based at the same establishment.

[12]A protective award is therefore made in respect of such of the former employees of the respondent working at the respondent’s establishment at 2 Forbes, Ayr dismissed as redundant on 9 May 2022.

[13]The protected period should be 90 days beginning on 9 May 2022. Employment Judge: Muriel Robison Date of Judgment: 12 October 2022 Multiple Schedule Multiple: 4100234 - Ready4Retirement Ltd (In liquidation) C/O Begbies Traynor Group Ltd Case Number Case Name 4103358/2022 Mr Gordon Smith -v- Ready4Retirement Ltd (In Liquidation) & Others 4103359/2022 Mr adriaen alexander -v- Ready4Retirement Ltd (In liquidation) & Others 4103360/2022 Ms amanda dolan -v- Ready4Retirement Ltd (In liquidation) & Others 4103361/2022 Ms anna baird -v- Ready4Retirement Ltd (In liquidation) & Others 4103362/2022 Ms annelle bond -v- Ready4Retirement Ltd (In liquidation) & Others 4103363/2022 Ms caroline reynolds -v- Ready4Retirement Ltd (In liquidation) & Others 4103364/2022 Mr christopher hastie -v- Ready4Retirement Ltd (In liquidation) & Others 4103365/2022 Mr colin mcqueen -v- Ready4Retirement Ltd (In liquidation) & Others 4103366/2022 Mr colin nicol -v- Ready4Retirement Ltd (In liquidation) & Others 4103367/2022 Mr craig turpin -v- Ready4Retirement Ltd (In liquidation) & Others 4103368/2022 Mr craig wood -v- Ready4Retirement Ltd (In liquidation) & Others 4103369/2022 Mr david nix -v- Ready4Retirement Ltd (In liquidation) & Others 4103370/2022 Ms deborah black -v- Ready4Retirement Ltd (In liquidation) & Others 4103371/2022 Mr derek garrett -v- Ready4Retirement Ltd (In liquidation) & Others 4103372/2022 Mr derek hatton -v- Ready4Retirement Ltd (In liquidation) & Others 4103373/2022 Ms fiona gemmell -v- Ready4Retirement Ltd (In liquidation) & Others 4103374/2022 Ms gillian turpin -v- Ready4Retirement Ltd (In liquidation) & Others 4103375/2022 Mr gordon bain -v- Ready4Retirement Ltd (In liquidation) & Others 4103376/2022 Mr gordon smith -v- Ready4Retirement Ltd (In liquidation) & Others 4103377/2022 Mr graeme jardine -v- Ready4Retirement Ltd (In liquidation) & Others 4103378/2022 Mr greg speirs -v- Ready4Retirement Ltd (In liquidation) & Others 4103379/2022 Mr greig mcguinness -v- Ready4Retirement Ltd (In liquidation) & Others 4103380/2022 Mr jack beresford -v- Ready4Retirement Ltd (In liquidation) & Others 4103381/2022 Ms jade clark -v- Ready4Retirement Ltd (In liquidation) & Others 4103382/2022 Mr jonathan brett -v- Ready4Retirement Ltd (In liquidation) & Others 4103383/2022 Mr keith annand -v- Ready4Retirement Ltd (In liquidation) & Others 4103384/2022 Ms kerry muir -v- Ready4Retirement Ltd (In liquidation) & Others 4103385/2022 Ms lauren torbet -v- Ready4Retirement Ltd (In liquidation) & Others 4103386/2022 Ms lucy martin -v- Ready4Retirement Ltd (In liquidation) & Others 4103387/2022 Ms margaret singh -v- Ready4Retirement Ltd (In liquidation) & Others 4103388/2022 Ms marie miller -v- Ready4Retirement Ltd (In liquidation) & Others 4103389/2022 Mr michael mcmahon -v- Ready4Retirement Ltd (In liquidation) & Others 4103390/2022 Ms nan campbell -v- Ready4Retirement Ltd (In liquidation) & Others 4103391/2022 Ms pamela adamson -v- Ready4Retirement Ltd (In liquidation) & Others 4103392/2022 Mr paul harvey -v- Ready4Retirement Ltd (In liquidation) & Others 4103393/2022 Mr peter david newby -v- Ready4Retirement Ltd (In liquidation) & Others 4103394/2022 Ms rebeckah docherty -v- Ready4Retirement Ltd (In liquidation) & Others 4103395/2022 Mr robert russell -v- Ready4Retirement Ltd (In liquidation) & Others 4103396/2022 Mr ross whyte -v- Ready4Retirement Ltd (In liquidation) & Others 4103397/2022 Ms sara bain -v- Ready4Retirement Ltd (In liquidation) & Others 4103398/2022 Ms sarah docherty -v- Ready4Retirement Ltd (In liquidation) & Others 4103399/2022 Ms sheila dunsmore -v- Ready4Retirement Ltd (In liquidation) & Others 4103400/2022 Mr stephen kyle -v- Ready4Retirement Ltd (In liquidation) & Others 4103401/2022 Mr steven deighton -v- Ready4Retirement Ltd (In liquidation) & Others 4103402/2022 Mr steven hill -v- Ready4Retirement Ltd (In liquidation) & Others 4103403/2022 Ms toni short -v- Ready4Retirement Ltd (In liquidation) & Others 4103404/2022 Ms tracy kirkwood -v- Ready4Retirement Ltd (In liquidation) & Others 4103405/2022 Ms vanessa warner -v- Ready4Retirement Ltd (In liquidation) & Others 4103406/2022 Ms yvonne graham -v- Ready4Retirement Ltd (In liquidation) & Others 4103407/2022 Ms charlene lyle -v- Ready4Retirement Ltd (In liquidation) & Others 4103408/2022 Mr sean rush -v- Ready4Retirement Ltd (In liquidation) & Others 4103409/2022 Ms heather mccabe -v- Ready4Retirement Ltd (In liquidation) & Others 4103410/2022 Ms katrina carruthers -v- Ready4Retirement Ltd (In liquidation) & Others