Mr C Elliot and Others v Beyard Services Ltd (In Liquidation) and Secretary of State for Business Energy and Industrial Strategy: 4105839/2024 and Others
JUDGMENT
The Employment Judge has decided to issue the following judgment on the available material under rule 22.[1]The claimant is entitled to bring this claim because the complaint concerns a failure relating to the election of employee representatives, and the claimant was an employee dismissed as redundant.[2]No response was presented to this claim within the applicable time limit.[3]The respondent is in compulsory liquidation. The relevant court granted permission for the continuation of these proceedings on 27 January 2025.[4]The complaints 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 are 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 the employees based at 2B Wellington Street, Paisley, PA3 2JQ and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 22 March 2024 and is for 90 days. Employment Judge S MacLean Date copied to parties 29 January 2025 Multiple Schedule Multiple: 4100759 - Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd Case Number Case Name 4105839/2024 Mr Chris Elliot -v- Beyard Services Ltd (In Liquidation) & Others 4105840/2024 Mr A Patterson -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105841/2024 Ms S Patterson -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105842/2024 Mr C Patterson -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105843/2024 Mr J McCrorie -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105844/2024 Mr D Wilkie -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105845/2024 Mr S Richardson -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105846/2024 Mr C Phillip -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105847/2024 Mr C Elliot -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105848/2024 Mr P Lukcas -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105849/2024 Ms K Shields -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105850/2024 Mr I Crawford -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105851/2024 Mr H Cameron -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105852/2024 Mr G Wallace -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105853/2024 Mr A Coutts -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105854/2024 Mr N Masterton -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105855/2024 Mr J McKay -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105856/2024 Mr S Broadie -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105857/2024 Mr F Greenan -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105858/2024 Mr D Patton -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105859/2024 Mr D Jack -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105860/2024 Ms A Dempsey -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105861/2024 Mr D McMillan -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105862/2024 Mr J Warnock -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others 4105863/2024 Mr Robert Ferguson -v- Beyard Services Ltd (In Liquidation) C/O Begbies Traynor Group Ltd & Others