Ms A Hargan and Others v 5 P.M. Ltd (In Administration) c/o J Carmichael: 4106955/2024 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 claimant is entitled to bring this claim because the complaint concerns a failure by the respondent to comply with its duty to inform and consult under Section 188 and 188 (A) of the aforementioned Act. 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, the Administrator granted consent for these claims to proceed on 14 July 2025.[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 38 Queen Street, Glasgow, G1 3DX and the respondent is ordered to pay remuneration for the protected period. The protected period begins on 31 July 2025 and is for 90 days. Multiple Schedule Multiple: 4100831 - 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL Case Number Case Name 4106955/2024 Ms A Hargan -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106956/2024 Ms A Ritchie -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others Ms A Marion McFarlane -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & 4106957/2024 Others 4106958/2024 Ms A Hargan -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106959/2024 Ms A Harrity -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106960/2024 Mr D Strachan -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106961/2024 Ms J Phillips -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106962/2024 Ms J Wilson -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106963/2024 Ms J M Bergin -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106964/2024 Ms J Jess -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106965/2024 Ms K Phillips -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106966/2024 Ms K Thomson -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106967/2024 Ms K Brown -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106968/2024 Ms K Fleming -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106969/2024 Ms L Laird -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106970/2024 Ms L Sinclair -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106971/2024 Mr M Forbes -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106972/2024 Ms R Farrell -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106973/2024 Ms R Jones -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106974/2024 Ms R Broers -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106975/2024 Ms S Brown -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106976/2024 Mr S McGowan -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106977/2024 Mr S Boyle -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106978/2024 Mr S McNamee -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others 4106979/2024 Ms Y McLees -v- 5 P.M. LTD (In Administration) C/O JOHNSTON CARMICHAEL & Others