Mr J Rose and others v Ivanhoe Caledonian Printing Company Ltd (In Liquidation): 4104859/2022 and others (as per attached schedule)
JUDGMENT
The Employment Judge has decided to issue the following judgment on the available material under rule 21.[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 this claim 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 06 July 2023.[4]The complaint that the respondent failed to comply with a requirement of section 188 or 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 each claimant and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 01 August 2022 and is for 90 days. Employment Judge: M Sutherland Date of Judgment: 09 October 2023 4104859/2022 & Others - Judgment Schedule Case Number Claimant Ms Angela McVie 4104861/2022 Mr Stuart Dalziel 4104862/2022 Mr John Reid 4104863/2022 Mr Kevin Douglas 4104864/2022 Mr Desmond Nisbet 4104865/2022 Mr Keith Marshall 4104866/2022 Mr keith Fraser 4104867/2022 Mr Craig Rennie 4104868/2022 Mr William David Laidlaw 4104869/2022 Ms Dawn Dray 4104870/2022 Mr Mark Henderson 4104871/2022 Mr Kevin McNaughton 4104872/2022 Ms Deborah Anderson 4104873/2022 Mr Alan Rennie 4104874/2022 Mr Peter Shepherd 4104937/2022