Mr T Sommerville and others v Bathgate Realisations Plant Ltd (In Administration): 4105296/2016 and others
JUDGMENT
The Joint Administrator confirmed, by letter of 16 February 2017, that he did not intend defending the claim. An Employment Judge decided to issue this Judgment on the available material under Rule 21:-[1]The claim is well founded and a protective award is made.[2]The respondent shall pay to all employees made redundant on 19 July 2016, remuneration for the protected period which began on 19 July 2016 for a period of 90 days.REASONS
[2]The respondent was placed into administration. The claimants were notified of the administration on the day it occurred and were made redundant on that day, being 19 July 2016. 4105296/2016 & Others[3]The respondent had a duty to consult with the claimants or their elected representatives under Section 188 – 188A of the Trade Union & Labour Relations (Consolidation) Act 1992. The respondent failed to do so. Employment Judge: Lucy Wiseman Date of Judgment: 10 May 2017 Multiple Schedule Multiple: 7967 - Dunne Building & Civil Engineering Ltd Case Number Case Name 4105296/2016 Mr Tony Sommerville -v- Bathgate Realisations Plant Ltd (In Administration) & Others 4105297/2016 Mr Stuart Callander -v- Bathgate Realisations Plant Ltd (In Administration) 4105298/2016 Mr John Gallagher -v- Bathgate Realisations Plant Ltd (In Administration) 4105299/2016 Mr Gary Hutchison -v- Bathgate Realisations Plant Ltd (In Administration) 4105300/2016 Mr Mark Russell -v- Bathgate Realisations Plant Ltd (In Administration) 4105301/2016 Mr Peter Crosbie -v- Bathgate Realisations Plant Ltd (In Administration)[1]The Judgment dated 10 May 2017 was issued in terms of Rule 21 of the Employment Tribunal Rules of Procedure (above) in circumstances where the respondent did not enter a response and the Joint Administrator confirmed he did not intend to defend the claim.[2]The claimants’ representative advised the Tribunal, by letter of 3 July 2017, that an issue had arisen regarding the date of individual redundancies. The claimants’ representative obtained a letter from Ms Susan Davidson, Manager with FRP Advisory LLP (the firm of the Joint Administrator) confirming the Administrators had been appointed late in the afternoon of 19 July 2016. Accordingly, due to the timing of the appointment, all redundancies could not officially be made on that day.[3]Ms Davidson confirmed that a letter of redundancy was issued to employees on 20 July 2016. She noted that some employees had stated other leaving dates on their claim forms and observed that these dates were incorrect because the same letter of redundancy was issued to all employees on 20 July 2016.[4]I decided, given the information which is now available, that it would be in the interests of justice to reconsider the Judgment dated 10 May 2017, and to vary the date of redundancy from 19 July 2016, to 19 or 20 July 2016; and to vary the start of the protected period from 19 July 2016 to 19 or 20 July 2016.