Mr S Maguire v Moffat Electrical Services (In Liquidation): 4104898/2020
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4104898/2020
Between
Mr S MaguireClaimantMoffat Electrical Services (in Liquidation)Respondent
Before
Employment Judge S MacLeanDate 13 June 2023
JUDGMENT
No response has been presented to the claim. The respondent is in liquidation. The claimant’s place of work was 96-98 Forrest Street, Airdrie, ML6 7AG. The claimant was informed on 23 June 2020 that the respondent had entered liquidation and he was being dismissed by reason of redundancy with immediate effect. On or around 23 June 2020 more than 20 employees of the respondent at the establishment at which the claimant was based were dismissed by reason of redundancy. There was no recognised trade union or representative bodies in the workplace. The Liquidator has confirmed to the Tribunal by email sent on 29 September 2020 that they do not object to the claim continuing and will not be entering the proceedings. The Employment Judge has decided to issue the following judgment on the available material under Rule 21.[1]The complaint that the respondent failed to comply with its duty to consult under Sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[2]There should be a protective award for 90 days’ pay from 23 June 2020pursuant to section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992.[3]The respondent is ordered to pay the appropriate remuneration to every employee of a description to which the award relates pursuant to section 190 of the Trade Union and Labour Relations (Consolidation) Act 1992.[4]The respondent has made an unauthorised deduction of wages and is to pay the claimant the sum of £1,214.85 (£2,024.75 x 20/100 x 3).
REASONS
[1]On 03 April 2023 the Tribunal wrote to the claimant confirming receipt of notification that their representative was no longer acting on their behalf. The claimant was asked to confirm whether they were intending to pursue or withdraw the claim. No reply was received from the claimant.[2]On 12 April 2023 the Tribunal wrote to the claimant reminding them to reply to the earlier letter dated 03 April 2023. No reply was received from the claimant.[3]On 02 May 2023 the Tribunal gave the claimant an opportunity to give written reasons by 16 May 2023 or to request a hearing in order to consider why the claim should not be struck out. No reply was received from the claimant.[4]The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim.