Mr D Corrigan and Others v Viva Brazil Restaurants Ltd (In Administration): 4105576/2024 and Others
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 The Employment Judge has decided to issue the following judgment on the available material under rule 22.[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. There was no recognised trade union for the purposes of collective bargaining.[2]No response was presented to this claim within the applicable time limit.[3]The respondent is in administration, but the administrators gave consent for the continuation of these proceedings on 25 June 2024.[4]The complaint that the respondent failed to comply with a requirement of section 188 and 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 by the respondent at their site at 87-91 Bothwell Street, Glasgow, G2 7HX and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 07 February 2024 and is for 90 days. 14 February 2025 Multiple Schedule Multiple: 4100750 - Viva Brazil Restaurants Limited Case Number Case Name 4105576/2024 Mr D Corrigan -v- Viva Brazil Restaurants Limited (In Administration) 4105577/2024 Mr D Allen -v- Viva Brazil Restaurants Limited 4105578/2024 Mr A Baker -v- Viva Brazil Restaurants Limited 4105579/2024 Mr R C Balde -v- Viva Brazil Restaurants Limited 4105580/2024 Mr K Bochniak -v- Viva Brazil Restaurants Limited 4105581/2024 Mr E P Crowley -v- Viva Brazil Restaurants Limited 4105582/2024 Mr A D Santos -v- Viva Brazil Restaurants Limited 4105583/2024 Miss K Fraser -v- Viva Brazil Restaurants Limited 4105584/2024 Mr A Graham -v- Viva Brazil Restaurants Limited 4105585/2024 Miss P M Jonecek -v- Viva Brazil Restaurants Limited 4105586/2024 Mr O Kovalskyi -v- Viva Brazil Restaurants Limited 4105587/2024 Mr M Macqueen -v- Viva Brazil Restaurants Limited 4105588/2024 Ms A Phan -v- Viva Brazil Restaurants Limited 4105589/2024 Mr V Rocha -v- Viva Brazil Restaurants Limited 4105590/2024 Mr V Tagarelli -v- Viva Brazil Restaurants Limited