Miss K Doran v Valve Components Ltd (In Administration): 8001122/2024

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 8001122/2024
Miss K DoranClaimantValve Components Limited (In Administration)Respondent
Employment Judge L DohertyDate 17 December 2024

JUDGMENT

The Employment Judge has decided to issue the following judgment on the available material under rule 21.[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 administration but the administrator consented to the continuation of these proceedings in a letter dated 15 August 2024.[4]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 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 claimant as an employee dismissed as redundant at the respondent’s establishment at Block 1, 5 Kelvin Park South, East Kilbride, Glasgow, G75 0RH and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 5 July 2024 and is for 90 days. L Doherty