Ms D Pavaloi v Bunobair Contracting Ltd and Flamingo Contracting Ltd (Voluntary Liquidation): 8002057/2025 and 8002055/2025
JUDGMENT
No response has been presented to this claim and an Employment Judge has decided to issue the following judgment on the available material under rule 22:[1]The respondent has made unfairly dismissed the claimant and is ordered to pay a monetary award of £8,171.27[2]The respondents are in breach of contract by failing to give the claimant notice of his termination of employment and are ordered to pay the claimant £2,583.33 as damages for that breach. Date sent to parties _8_ _O_c_to_b_e_r_ _2_0_2_5_________ EMPLOYMENT TRIBUNALS (SCOTLAND) Case Numbers: 8002055/2025 & 8002057/2025 Employment Judge M Whitcombe Miss D Pavaloi Claimant Flamingo Contracting Limited First Respondent (Voluntary Liquidation) (Transferor) Bunobair Contracting Limited Second Respondent (Transferee)[1]The complaint concerns a relevant transfer as defined by regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations 2006, a failure to inform and consult under regulation 13 and a failure to elect employee representatives for that purpose in accordance with regulation 14.[2]There was no recognised trade union for the purposes of regulation 13(3)(a). There were no existing appropriate representatives for the purposes of regulation 13(3)(b)(i), nor were any elected in accordance with regulation 14 for the purposes of regulation 13(3)(b)(ii). The claimant is therefore entitled to bring this claim under regulation 15(1)(a) because she was an affected employee.[3]No response was presented by either respondent within the applicable time limits so neither respondent is permitted to defend the claim.[4]It is therefore declared that the first respondent failed to elect representatives in accordance with regulation 14 and to inform and consult with them in accordance with regulation 13. The complaint under regulation 15(1)(a) is well-founded and the claimant is awarded 13 weeks’ pay, for which the respondents are jointly and severally liable under regulation 15(9). Date sent to Parties 4 November 2025