Mr G Green v Duncan Adams Ltd (in Administration): 4106454/2019

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 4106454/2019

Between

Mr G GreenClaimant

Duncan Adams Limited (in Administration)Respondent

Before

Employment Judge Mark Whitcombe Date

Date 6 December 2019

JUDGMENT

Michael Magnay and Clare Boardman were appointed joint administrators of the respondent on 6 March 2019. Mr Magnay has confirmed to the Tribunal by a letter dated 10 October 2019 that he does not object to this claim continuing. No response has been presented to the Tribunal within the applicable time limit. 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 the duty imposed on it by sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 is well-founded.

[2]On or around 6 March 2019 the claimant was notified that his employment was coming to an end by reason of redundancy. There were neither any appropriate representatives of employees nor any election of such representatives for the purposes of consultation and no consultation took place.

[3]The respondent proposed to, and did, dismiss by reason of redundancy more than 20 employees at the same establishment within a period of 90 days or less.

[4]The claimant is entitled to a protective award for a period of 90 days beginning with 6 March 2019.