Mr N G Troy and others v Javacrest Ltd (In Liquidation): 4106816/2023 and others
JUDGMENT
I have 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 the claims within the applicable time limit.[3]The respondent is in creditors’ voluntary liquidation.[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 proposed to dismiss 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 TULRCA 1992, and then to consult with them in accordance with s.188 of that Act. In the absence of a response, no “special circumstances” defence has been put forward under section 188(7) TULRCA 1992, nor has the respondent put forward any basis on which the protected period should be shorter than 90 days.[7]I therefore make a protective award in respect of employees dismissed as redundant at the respondent’s establishment at “The 13th Note”, 50-60 King Street, Glasgow, G1 5QT, and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 19 July 2023 and is for 90 days. Employment Judge: M Whitcombe Date of Judgment: 19 March 2024 Multiple Schedule Multiple: 4100570 - Javacrest Limited (In Liquidation) Case Number Claimant Mr Nicholas Gordon Troy 4106816/2023 Ms Kay Logan 4106817/2023 Ms Louise McWilliams 4106818/2023 Mr Magnus Jaffrey 4106819/2023 Mr Martin Downey 4106820/2023 Mr Scott Robertson 4106821/2023 Mr Brendan Armstrong 4106822/2023 Mr Liam Toner 4106823/2023 Miss Siannen McIlroy 4106824/2023 Ms Sever Armanca 4106825/2023 Ms Anna Cashin 4106826/2023 Respondent Javacrest Limited (In Liquidation) Javacrest Limited (In Liquidation) Javacrest Limited (In Liquidation) Javacrest Limited (In Liquidation) Javacrest Limited (In Liquidation) Javacrest Limited (In Liquidation) Javacrest Limited (In Liquidation) Javacrest Limited (In Liquidation) Javacrest Limited (In Liquidation) Javacrest Limited (In Liquidation) Javacrest Limited (In Liquidation)