Mr G Law and others v Whyte Crane Services Ltd (In Administration): 4105131/2022 and others
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 administration, but the administrator consented to the continuation of these proceedings in a letter dated 28 September 2022.[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 employees dismissed as redundant at the respondent’s establishment at South Shore Road, Grangemouth, Falkirkshire, FK3 8TQ and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 26 August 2022 and is for 90 days. Employment Judge: L Doherty Date of Judgment: 28 October 2022 Multiple Schedule Multiple: 4100295 - Whyte Crane Services Ltd Case Case Name Number 4105131/2022 Mr George Law 4105132/2022 Mr Thomas Rankine 4105133/2022 Mr Gary McGinty 4105134/2022 Mr Christian Evans 4105135/2022 Mr Steven Duncan 4105136/2022 Mr Dennis Marshall 4105137/2022 Mr Edward McGladrigan 4105138/2022 Mr Gordon Ferguson 4105139/2022 Ms Stacey Carlin 4105140/2022 Mr Alasdair Bulloch 4105141/2022 Mr David Burns 4105142/2022 Mr William Docherty 4105143/2022 Mr Ainzley Bell 4105144/2022 Mr William Brown 4105145/2022 Mr Brendan Burns 4105146/2022 Mr Henry McCann 4105147/2022 Mr Christopher Dick 4105148/2022 Mr Ross McAteer 4105149/2022 Mr Neil Leonard 4105150/2022 Mr Robert Culpin 4105151/2022 Mr Davie Leiper 4105152/2022 Mr William Fontana