Mr S McGillivray and Others v Hadden Construction Ltd (In Administration): 4107731/2024 and Others
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 The respondent failed to comply with their obligations to consult their employees in terms of section 188 and 188A of the Trade Union and Labour Relations Act and the Tribunal makes a protective award in respect of the claimants, being employees dismissed as redundant by the respondent at their site at 1 Maidenplain Place, Aberuthven, Nr Auchterarder, Perthshire PH3 1EL. The respondent is ordered to pay remuneration for the protected period to the claimants. The protected period is the period of 90 days beginning on 10 September 2024.REASONS
The Employment Judge has decided to issue a Judgment on the available material under Rule 22 of the Employment Tribunal Rules of Procedure on the following basis:[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 involved.[2]A response was received from the Joint Administrator for the Respondent on 07 January 2025, the claims were not contested.[3]The respondent is in administration. The Joint Administrators were appointed on 10 September 2024 and by letter of 7 January 2025 Joint Administrators agreed to lift the moratorium to enable the Claimants to claim for a protective award.[4]The respondent dismissed as redundant 20 or more employees at one establishment within a period of 90 days or less. 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. The dismissals took place on 10 September 2024. The complaint that the respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[5]The Tribunal makes a protective award in respect of the claimants as employees dismissed as redundant by the respondent at their site at 1 Maidenplain Place, Aberuthven, Nr Auchterarder, Perthshire PH3 1EL and the respondent is ordered to pay remuneration for the protected period. The protected period begins on 10 September 2024 and is for 90 days. Employment Judge I McFatridge Multiple Schedule Multiple: 4100867 - Hadden Construction Ltd Case Number Case Name S McGillivray -v- Hadden Construction Ltd (In 4107731/2024 Administration) 4107732/2024 Mr S McGillivray -v- Hadden Construction Ltd 4107733/2024 Mr I Stewart -v- Hadden Construction Ltd 4107734/2024 Ms M Quin -v- Hadden Construction Ltd 4107735/2024 Mr S O'Neill -v- Hadden Construction Ltd 4107736/2024 Mr D Howat -v- Hadden Construction Ltd 4107737/2024 Mr G Knight -v- Hadden Construction Ltd 4107738/2024 Ms D Clarkson -v- Hadden Construction Ltd 4107739/2024 Mr G Burrow -v- Hadden Construction Ltd 4107740/2024 Miss K Gloak -v- Hadden Construction Ltd 4107741/2024 Mr I Robertson -v- Hadden Construction Ltd 4107742/2024 Ms L Brady -v- Hadden Construction Ltd 4107743/2024 Mr A Macrae -v- Hadden Construction Ltd 4107744/2024 Mr D Hutton -v- Hadden Construction Ltd 4107745/2024 Ms L Townsley -v- Hadden Construction Ltd 4107746/2024 Mr A Munro -v- Hadden Construction Ltd 4107747/2024 Mr T Devlin -v- Hadden Construction Ltd 4107748/2024 Mr M Tawse -v- Hadden Construction Ltd 4107749/2024 Mr R Leyden -v- Hadden Construction Ltd 4107750/2024 Mr G Forsyth -v- Hadden Construction Ltd 4107751/2024 Mr L Stuart -v- Hadden Construction Ltd 4107752/2024 Mr D Brown -v- Hadden Construction Ltd 4107753/2024 Mr J Dawson -v- Hadden Construction Ltd